Kaua'i police may face probe
By Jan TenBruggencate
Advertiser Kaua'i Bureau
LIHU'E, Kaua'i — The Kaua'i County Council is considering using its investigative authority for the first time to conduct an inquiry into the Kaua'i Police Department.
"I have some serious concerns about the direction and management of the department," said Councilman Mel Rapozo, chairman of the Public Safety Committee and a former police officer who runs a private investigation firm.
The council has scheduled a closed-door meeting with its attorneys tomorrow to review its authority and options in conducting the review.
The Kaua'i Police Department has had three chiefs in as many years and is facing a slew of lawsuits. Council members said it also is suffering from low morale, problems with training and overtime, and has lost the public's trust.
Police Chief K.C. Lum, who was appointed to the top post in September 2004, said that if a council review functions as a management audit, he welcomes the help.
"I just found out about this, and I don't know what they're doing, but if it's under their jurisdiction to do this, I would welcome that. Nothing bad is going to come out of that. It would identify shortcomings and show us how to improve," Lum said.
Under the county charter, the council has the power to investigate any county agency, and can subpoena witnesses and compel the production of documents.
"The council has never used its oversight powers. It's time it did," said the council's newest member, Shaylene Iseri-Carvalho, a former deputy prosecuting attorney.
Iseri-Carvalho said police need better training and equipment. She also mentioned overuse of overtime, leaving important positions unstaffed and other issues.
She complained that officers are not provided with copies of the state's penal code, which outlines what evidence is needed to obtain a conviction in court.
"They want to buy fancy gear like Tasers and assault vehicles when officers don't have the basics," Iseri-Carvalho said.
Chief Lum said he would like to provide officers with copies of the penal code, either in print or on compact disks for their computers. He said department computers are Internet-capable and do have access to updated penal code information now.
Police Commission Chairman Michael Ching said he was blindsided by the proposal. He said he learned of it while surfing the Web on Sunday, checking on upcoming public meetings. The commission, which appoints the police chief and oversees the department, was established to insulate the law-enforcement agency from political interference.
"One would think that an investigation is to look into wrongdoing. We haven't heard anything from the council about this," Ching said. "I think any investigation of the chief or the department should go through the police commission."
Former Police Chief George Freitas, whose turbulent tenure ended in October 2003, said that one continuing problem that undercuts the chief's authority is a tendency for disgruntled officers to take complaints about the department directly to the police commission, the mayor or members of the County Council, rather than following the chain of command.
Freitas was the target of several internal complaints that resulted in his suspension, related lawsuits and a $200,000 severance settlement with the county.
"I've thought for a while that they've needed to give the chief of police an opportunity to work with his people and not give them ways to go around him. Until that systemic issue is addressed, a top administrator is going to have a tough, tough time," Freitas said.
Lum said he recognizes that problem within the department.
"That issue still exists, and I'm trying to cure that now. I already did some memos to that effect," he said.
Councilman Jay Furfaro said that the council's meeting tomorrow is to talk with attorneys about how an investigation under the Kaua'i County Charter would work.
Furfaro said he is not committed to that particular process, and that some other management tool, such as an "upward appraisal," might be more effective.
He described an upward appraisal as a confidential questionnaire, prepared with the help of consultants, that is distributed to employees. It provides confidential feedback that identifies areas that need improvement, he said.
Police Commission chairman Ching said the commission plans to ask for money for an upward appraisal in its budget for the coming fiscal year.
Rapozo said the council investigation is worthy of support.
"One of the reasons I ran for this office was to help the police. This council has never used its authority. I'm pleased that at least we're trying," he said.
Reach Jan TenBruggencate at jant@honoluluadvertiser.com or (808) 245-3074.
