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COUNTY OF HAWAI`I <br />STATE OF HAWAIII <br />RESOLUTION NO. ­ 49 25 <br />A RESOLUTION AUTHORIZING THE CONTINUED EMPLOYMENT OF <br />SCHLACK ITO, A LIMITED LIABILITY LAW COMPANY, AS SPECIAL <br />COUNSEL TO CONTINUE TO REPRESENT THE COUNTY OF HAWAI`I IN HUI <br />1VI4LAMA HONOKOHAU V. COUNTY OF HAWAI`I, CIVIL NO. 1:23-CV-00393 <br />WHEREAS, Hawaii County Charter ("Charter") § 6-5.5 (Special Counsel) provides <br />that the County Council may approve, by two-thirds vote of its entire membership, authorize <br />the employment of Special Counsel, for any special matter presenting a real necessity for <br />such employment; and <br />WHEREAS, Charter § 6-5.5 states any such authorization for the employment of <br />Special Counsel shall specify the compensation to be paid for services; and <br />WHEREAS, the County of Hawaii ("County") requires the continued assistance of <br />Special Counsel to represent the County in the citizens' Clean Water Act civil action titled <br />Hui Maldma Honokohau v. County of Hawai `i, Civil No. 1:23-cv-00393, commenced in the <br />United States District Court for the District of Hawaii on September 25, 2023 ("Lawsuit"), <br />and other related matters; and <br />WHEREAS, on December 20, 2023, via Resolution 372-23 Draft 2, the County <br />Council approved the hiring of Schlack Ito, a Limited Liability Law Company, as Special <br />Counsel to represent and provide legal services to the County in the Lawsuit for a sum not to <br />exceed Two Hundred Thousand Dollars ($200,000.00); and <br />WHEREAS, the Office of the Corporation Counsel does not have the expertise, <br />personnel, and resources to provide the same level of legal services rendered by Special <br />Counsel; and <br />