Kaua'i Police Commission ex rel. Iona v. Carvalho

378 P.3d 1003, 138 Haw. 287
CourtHawaii Intermediate Court of Appeals
DecidedJune 30, 2016
DocketNos. CAAP-13-0000015, CAAP-12-0001123
StatusPublished

This text of 378 P.3d 1003 (Kaua'i Police Commission ex rel. Iona v. Carvalho) is published on Counsel Stack Legal Research, covering Hawaii Intermediate Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Kaua'i Police Commission ex rel. Iona v. Carvalho, 378 P.3d 1003, 138 Haw. 287 (hawapp 2016).

Opinion

[289]*289Opinion of the Court by

GINOZA, J.

The question presented in this case is whether, under the Charter of the County of Kaua'i (2010) (Kaua'i Charter), the authority to suspend and/or otherwise discipline the Chief of Police of the County of Kaua'i (Police Chief) rests with the Mayor of the County of Kaua'i or with the Kaua'i Police Commission.

Plaintiff-Appellant Kaua'i Police Commission, by its Commissioners in their official capacities (Police Commission),2 contends that the Circuit Court of the Fifth Circuit (circuit court)3 erred in concluding that the authority to suspend and/or otherwise discipline the Police Chief lay solely with Defendant-Appellee Bernard P. Carvalho, Jr., in his official capacity as the Mayor of the County of Kaua'i (Mayor).

The Kaua'i Charter does not clearly address whether the Mayor or the Police Commission has the authority to suspend and/or otherwise discipline the Police Chief. We must therefore consider a number of provisions within the context of the Kaua'i Charter as a whole. For the reasons discussed below, we hold that, under the provisions of the Kaua'i Charter, the Police Commission, which expressly has the right to appoint and remove the Police Chief and has supervisory authority over the Police Chief pursuant to a number of provisions, has the authority to suspend and/or otherwise discipline the Police Chief.

I. Background

The Police Commission filed a Complaint for Declaratory Relief on June 27, 2012, seeking a judgment that the Police Commission holds the sole authority to suspend and/or otherwise discipline the Police Chief.

On September 7, 2012, the Police Commission filed a motion for summary judgment. In support of the motion, the Police Commission submitted a declaration from Ernest Kanekoa, Jr. (Kanekoa), the Chairman of the Police Commission at that time. In his declaration, Kanekoa asserted, among other things, the following: on or about February 2, 2012, the Mayor suspended the Police Chief, Darryl D. Perry, from work for seven days because of an ongoing investigation stemming from a complaint filed against high ranking officials within the Kaua'i Police Department (Police Department) by an officer employed at police headquarters; after the seven-day suspension, the Police Chief was placed on administrative leave; thereafter, the Police Commission unanimously voted to have the Police Chief return to work and ordered him to do so on or about February 22, 2012; when the Police Chief returned to work on February 22, 2012, he was not allowed back into his office and was informed that the Mayor refused to reinstate him and that he was still on administrative leave; the Police Commission and the Mayor disagreed as to whether the Police Commission or the Mayor had the authority under the Kaua'i Charter to suspend and/or otherwise discipline the Police Chief; despite the disagreement, the Police Commission and the Mayor reached a decision which allowed the Police Chief to return to work on or about March 12, 2012; on or about July 13, 2012, the Mayor requested that the Police Commission further investigate the Police Chiefs actions in conjunction with the internal investigation of the workplace complaint.

On October 10, 2012, the Mayor filed a cross-motion for summary judgment. In the cross-motion, the Mayor did not assert any issue with the facts as presented by the Police Commission, contending instead that this case should be decided on the language of the Kaua'i Charter. However, on October 19, 2012, the Mayor filed a memorandum in opposition to the Police Commission’s motion for summary judgment and submitted therewith the declaration of Gary Heu (Heu), the Managing Director of the County of Kaua'i at that time. Heu declared that the Mayor did suspend the Police Chief, but not for the [290]*290reasons stated by Kanekoa. Heu further denied that the Mayor requested the Police Commission to further investigate the Police Chief, as set forth in Kanekoa’s declaration. Heu’s declaration did not elucidate any other reasons for the suspension or the administrative leave. In his memorandum, the Mayor asserted that, while he disputes the accuracy and completeness of some of the factual statements in Kanekoa’s declaration, the disputed facts were not relevant to the legal issue before the circuit court.

On November 28, 2012, the circuit court entered an order denying the Police Commission’s motion for summary judgment and granting the Mayor’s cross-motion for summary judgment. On January 2, 2013, the circuit court issued its Pinal Judgment for Declaratory Judgment, which states in relevant part:

Pursuant to the provisions of the County of Kauai Charter:
1. The Mayor of the County of Kauai is the chief executive officer of the County of Kauai, and as such, has authority over all departments and agencies within the executive branch, unless the Kauai County Charter provides otherwise;
2. The Mayor of the County of Kauai, as the chief executive officer, has the power to suspend, place on administrative leave, and/or otherwise discipline the Kauai County Chief of Police pursuant to the County of Kauai Charter; and
3. While the Kauai Police Commission may remove the Kauai County Chief of Police in accordance with Section 11.04 of the County of Kauai Charter, the Kauai Police Commission does not have the authority to suspend and/or otherwise discipline the Kauai County Chief of Police.

The Police Commission timely appealed.

II. Mootness

Neither party contends that this case is moot, but we must consider mootness as it may affect our jurisdiction in this case. Kaleikini v. Thielen, 124 Hawai'i 1, 12, 237 P.3d 1067, 1078 (2010) (providing that mootness is an issue of subject matter jurisdiction); Bacon v. Karlin, 68 Haw. 648, 650, 727 P.2d 1127, 1129 (1986) (providing that an appellate court must ensure that it has jurisdiction to hear and determine each case). In light of the record and the information provided about the events triggering this lawsuit, it is unclear if the circumstances giving rise to this case have been resolved between the parties, such that the case is moot.4 See In re Thomas, 73 Haw. 223, 226, 832 P.2d 253, 254 (1992)(“A case is moot where the question to be determined is abstract and does not rest on existing facts or rights. Thus, the mootness doctrine is properly invoked where ‘events ... have so affected the relations between the parties that the two conditions for justiciability relevant on appeal— adverse interest and effective remedy—have been compromised.’ ” (quoting Wong v. Bd. of Regents, Univ. of Haw., 62 Haw. 391, 394, 616 P.2d 201, 203-04 (1980)).

Even if this ease is moot, however, either the public-interest exception or the “capable of repetition, yet evades review” exception to the mootness doctrine apply. See Right to Know Comm. v. City Council, City & County of Honolulu, 117 Hawai'i 1, 9, 175 P.3d 111

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Bluebook (online)
378 P.3d 1003, 138 Haw. 287, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kauai-police-commission-ex-rel-iona-v-carvalho-hawapp-2016.