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Form#: B-52 7/18/91 DEPARTMENT OF FINANCE REQUEST FOR COUNCIL ACTION DEPARTMENT: Office of Corporation Counsel DATE: 08/12/2022 STAFF CONTACT: Keyra K. Wong PHONE: 808-961-8251 x4121 A. REQUEST: The Office of the Corporation Counsel requests the attached draft resolution for Council's consideration be placed on the September 6, 2022 Finance Committee agenda. Pursuant to Section 6-5.5, Hawaii County Charter, the Council may approve, by two-thirds vote of its entire membership, the employment of special counsel. The attached draft resolution gives the Office of the Corporation Counsel the authority to allow the continued employment of special counsel (Leong Kunihiro Brooke & Kim) and increases the budget for legal services by an additional $50,000.00. The deadline for 9/6 Finance Committee is August 17, 2022 at noon. B. BACKGROUND AND JUSTIFICATION (USE ADDITIONAL SHEETS AS NEEDED): The County's Department of Human Resources receives numerous workers' compensation claims. The Office of the Corporation Counsel does not currently have the expertise, personnel, and resources to provide the requisite level of legal services that are currently rendered by our special counsel, the law firm of Leong Kunihiro Brooke & Kim ("Special Counsel"). Special Counsel has been retained by the County since 2015 and provides comprehensive legal representation in workers' compensation cases, including: - Investigation of injury claims related to serious medical conditions where the County's exposure may be significant(stress, cardiac conditions, neurologic conditions, employee deaths resulting from work-related injury); -All matters heard before the Labor and Industrial Relations Appeals Board; - Investigatoin and filing fraud complaints, including representation at Department of Labor hearings pertaining to fraud; - Depositions of parties as part of the investigation process; - Claims handling for the most complex cases including multiple dates of injury and/or claims that have been open for significant periods of time, to bring the claim to closure/resolution; - Prepare settlement agreements - File any and all court pleadings and appear in court, as necessary; - General advising and consulting with the County representatives with regard to specific scenarios and claims handling. Corporation Counsel requests that Council grant the authority for continued employment of Leong Kunihiro Brooke & Kim and authorize an additional $50,000.00 to cover the anticipated invoices from the firm through September 30, 2022. J Yoshimoto SIGNED: 2022.08.17 09:32:55-10'00' DATE: 8/17/22 Department Head