• Police chief speaks out • Support Myles Emura • Mahalo to ‘The Shadow’ Police chief speaks out After the recent ruling by 5th Circuit Court Judge Randal Valenciano with respect to the mayor being able to discipline the chief
• Police chief speaks out • Support Myles Emura • Mahalo to ‘The Shadow’
Police chief speaks out
After the recent ruling by 5th Circuit Court Judge Randal Valenciano with respect to the mayor being able to discipline the chief of police, I have been asked over and over to comment.
Not wanting to muddy the waters, I have withheld my thoughts, but after further consideration and still more requests, I felt that perhaps it is the best thing to do.
After review by some of the most respected legal minds in the state, the ruling by Judge Valenciano has a high probability of being appealed and overturned.
It certainly is not unusual for decisions to be overturned by the Intermediate Court of Appeals or the Supreme Court, as it has happened to Circuit Court judges throughout the State of Hawai‘i, including rulings made by Judge Valenciano.
The appeal will be based on several errors by the Trier of Facts which includes among other things, not taking into account provisions of the Hawai‘i Revised Statutes.
However, the main reason this ruling will not stand, from a historical and fundamental point of view, is that it is glaringly wrong.
Aside from the legal arguments, first and foremost it is wrong because this ruling injects politics where it does not belong.
Citizens have stated to me that it now creates situations where the mayor may now dictate who should be criminally investigated, who should be given a break, who should receive preferential treatment, while giving immunity to special interest groups or even the mayor himself.
And if the chief of police refuses to follow the mayor’s order, as the chief should, he or she may be suspended indefinitely.
While seemingly improbable under normal circumstances, recent controversial events under this administration can only be described as opprobrium in nature.
In order for this system to work, the chief of police must remain untainted by outside political influences to allow for criminal investigations to be conducted in a fair and impartial manner.
And, if there are allegations of mismanagement or misconduct by the chief of police, then it should be the Police Commission, with its seven unbiased members, who are charged with conducting a fair due process hearing and render necessary sanctions if warranted.
This process does not and never fell under the authority of the mayor — the architects of the Kaua‘i County Charter had no intentions of giving the mayor that kind of power or latitude.
Darryl Perry
Kaua‘i Chief of Police
Lihu‘e
Support Myles Emura
My husband and I are yearly visitors to your wonderful island of Kaua‘i. We are concerned and dismayed to read what has happened to our good friend Myles Emura.
Myles has received numerous accolades in this forum. They are all true.
He is a dedicated lifeguard with a vast amount of knowledge that he shares with visitors to keep them safe and able to enjoy all that Kaua‘i has to offer. He excels in what he does and I know his friendliness, professionalism and passion for what he does leaves a long-lasting positive impact on those fortunate to know him.
What has happened here is a violation of constitutional right of free speech, a miscarriage of justice and abuse of power by management.
Myles was subpoenaed to court to testify about actions his superiors had taken, and this testimony cast a negative light on his superior. Because of this he endured retaliation and intimidation in his workplace to the point where it became a hostile, unworkable environment.
If citizens cannot speak the truth without fear of reprisals, we have no justice system. If we allow those in power to intimidate and mistreat employees, labor laws are meaningless. Not only have his civil rights been violated, this also is a clear case of management trying to get rid of long-term employees as they reach retirement age.
Workers in Kaua‘i need to be aware of this travesty and misuse of power. Do not stand back and allow this to happen merely on the thought it does not impact you, because once power is abused it will continue to flow and employees will live with the fear and threat of who will be next.
Myles Emura is an asset to your wonderful island. I hope that the people of Kaua‘i will speak up and share their opinion of what is going on in their back yard and stop these actions.
It is time to go after the people in power and not let the employees be the collateral damage of management’s wrongful actions.
Mary Miner
Astoria, Oregon
Mahalo to ‘The Shadow’
A great big mahalo to Jerome “The Shadow” Freitas for his continual efforts to locate and communicate to those in Public Works the many safety issues that need addressing on Kaua‘i.
He does this through his “Shadows’ Corner” in TGI every other week and our local newspaper deserves a lot of credit for continuing this community service.
He is using his own time and money driving all over Kaua‘i finding these problems whereas one might ask why those in authority, who can certainly see these same problems, have not corrected them.
Also, many of the issues that Jerome brings to the attention of those in power are either vaguely answered — “will be taken care of” with no specificity — or just put on hold.
Let us hope that with our new efficient County Engineer Larry Dill on board, the hard, gratis work that Jerome is doing will be coordinated with Department of Public Works and addressed in a timely manner.
The biggest thing to remember is that The Shadow has absolutely nothing to gain in this endeavor except to see that our Island is made safer for everyone.
Glenn Mickens
Kapa‘a
