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Form #: B-52 <br /> 7/18/91 <br /> DEPARTMENT OF FINANCE • <br /> REQUEST FOR COUNCIL ACTION <br /> DEPARTMENT: Office of Corporation Counsel DATE: 11/16/2023 <br /> STAFF CONTACT: Lerisa L. Heroldt PHONE: 808-961-8251 x4114 <br /> A. REQUEST: <br /> The Office of the Corporation Counsel ("Corporation Counsel") requests the attached draft resolution be <br /> waived to Council and placed on the December 6, 2023 Council agenda. Pursuant to Hawaii County <br /> Charter ("Charter"), § 6-5.5 (2022), the Hawaii County Council may approve, by two-thirds vote of its entire <br /> membership, the employment of Special Counsel. <br /> The attached draft resolution authorizes: (1) the Office of the Corporation Counsel to hire the law firm of <br /> SCHLACK ITO, A LIMITED LIABILITY LAW COMPANY ("Schlack Ito") as Special Counsel to represent the <br /> County in, and defend the County against, the citizens' Clean Water Act ("CWA") civil action titled Hui <br /> Malama Honokohau v. County of Hawaii, Civil No. 1:23-cv-00393, commenced in the United States District <br /> Court for the District of Hawaii on September 25, 2023 ("Lawsuit") and for related matters; and (2) the Mayor <br /> to enter into a multi-year agreement with Schlack Ito, be placed on the December 5, 2023 Finance <br /> Committee agenda. The deadline for the 12/05/2023 Finance Committee is November 16, 2023 at noon. <br /> B. BACKGROUND AND JUSTIFICATION (USE ADDITIONAL SHEETS AS NEEDED): <br />