Legal entanglements make Kauai’s top cop job undesirable

THE ISSUE A legal dispute has arisen in the county's hunt for a new police chief.

WHEN it comes to hiring or firing of a chief of police, Kauai County seems to have no shortage of difficulties. On the heels of a contentious and litigious dismissal of its previous chief, the county now appears to be headed for another legal dispute in searching for his replacement.

At issue is whether the police chief must be a state resident to qualify for the job.

According to Deputy County Attorney Rosa Flores, a one-year residency is required of candidates. But according to the American Civil Liberties Union of Hawaii, that condition is unconstitutional, at least if a broad definition of a federal judge's ruling about another residency requirement can be applied.

Flores contends that U.S. District Judge David Ezra's determination that a Hawaii law prohibiting nonresidents from applying for state jobs is unconstitutional did not address a subsection of the law that says appointed department heads must have residency. Further, Flores says, if the county doesn't follow the law, it would be open to lawsuits.

To add to the confusion, Kauai previously hired a nonresident for the post, but received special clearance to do so. What that involved is unknown.

What is known is that a challenge to the subsection of the law would result in a similar ruling and that the state Legislature needs to review hiring laws to remove any such requirements.

The county's search for a new chief was prompted by the retirement of K.C. Lum last June, a day before his five-year contract was to be terminated with three years left to run. Lum was fired because a member of the police commission that appointed him violated ethics laws in the selection process, therefore invalidating Lum's employment contract.

Lum subsequently sued because he was fired by an administrator in violation of the county charter that says only the commission has that authority and that county officials had created an "untenable" working environment.

The county's problems might not be limited to legal matters. It might find few applicants for the job, as nothing in this tangled situation makes the position very attractive.