Several Honolulu City Council members voiced frustration Tuesday about receiving little information regarding Police Chief Louis Kealoha’s impending departure and warned that any additional money he is given in a settlement might need their approval.
During a briefing by Police Commission Chairman Max Sword to the Public Health, Safety and Welfare Committee, Council members also scoffed at the notion that Kealoha is “retiring.” Sword refused to answer many of their questions, noting that Kealoha’s impending leave is a personnel matter.
“We are working through the fine points, and we hope to have a decision the 18th (of January),” Sword said. The commission announced last week that it had “agreed in principle” for Kealoha to retire.
Asked by Councilwoman Kymberly Pine to confirm reports that a financial package is being negotiated with the chief and to explain the possible source of the funds for the package, Sword again demurred.
“I think I’m very leery, and speaking on behalf of a lot of my constituents just based on what we’ve seen and heard,” Pine said. “A lot of people I’ve spoken to would disapprove of any additional payout to the police chief that’s in addition to what he already has a right to based on our hire laws.”
Councilman Ernie Martin questioned the commission’s decision to characterize his departure as a retirement.
“A normal public employee, when they retire, they don’t have the right to negotiate additional terms and conditions. It’s a straight retirement,” he said.
When the commission states there are negotiations involving the terms and conditions tied to to his leaving, “it’s technically not a retirement, it’s more a settlement,” Martin said.
Kealoha’s current salary is $182,088. The city Salary Commission gave him, as well as other city department heads, a 5 percent raise effective July 1.
Councilman Trevor Ozawa suggested that Sword and city attorneys might provide more details if allowed to speak to the Council behind closed doors in executive session. “It does pertain to the employment of a city employee,” Ozawa said.
Given the significance of the situation and the attention being paid to the matter, “I think it would be appropriate for the commission to somehow address the Council with more detail,” Ozawa said.
Sword called Ozawa’s idea “a reasonable request” and said he would talk to his colleagues.
Sword said while the commission will be meeting in executive session, people will be able to testify in a public portion of its Jan. 18 meeting.
After Tuesday’s meeting, Pine said the source of the money for a Kealoha settlement is a concern, adding she’s troubled that the Council won’t have any say in the matter.
Pine also said she would prefer to see the chief continue to be on leave pending the outcome of the federal investigation against him. “I don’t like a payout package for anybody who’s already getting a great retirement to begin with, especially in this situation where we’re spending millions of dollars in legal representation for various different lawsuits relating to this particular family,” she said.
Martin said if a settlement involves money that comes from within HPD, the public might want to know whether that affects public safety. If the money comes from city sources outside the department, it would need Council approval, he said.
Pine said she wants Council Chairman Ron Menor to consider holding a closed-door meeting with commission members.
But Menor told reporters the matter is within the jurisdiction of the commission and that he does not think the Council has a role. Personnel matters “are clearly within the purview of the commission as the appointing authority.”
As for meeting with commission members behind closed doors, Menor said that because there are ongoing discussions, he wants to discuss the matter with city attorneys “about whether it would be appropriate to do so.” Menor said he wasn’t sure whether the Council would need to OK any non-HPD money used for a payout to Kealoha.
Council Public Safety Chairman Brandon Elefante agreed with Menor that the chief’s future lies with the commission. “I don’t think that’s in the Council’s right, as a body, to do that, as it is a matter before the Police Commission,” Elefante said, noting that the Council approves or rejects the mayor’s appointees to the commission.