COM 0071.000 2024-2026 - Laserfiche WebLink

Home

The unincorporated association known as HUI MALAMA HONOKOHAU ("Plaintiff') named the County as Defendant in the citizens' Clean Water Act ("CWA") civil action titled Hui Malama Honokohau v. County of Hawaii, Civil No. 1:23-cv-00393, commenced in the United States District Court for the District of Hawai'i on Spetember 25, 2023 ("Lawsuit"). The Lawsuit relates to alleged CWA violations at the County's Kealakehe Wastewater Treatment Plant ("KWWTP") and has the potential to last years given the scope and complexity of the issues involved. OCC does not currently have the expertise, personnel, and requisite resources to provide the necessary level of legal services needed for the Lawsuit that special counsel affords. OCC procured the professional legal services of Schlack Ito to represent the County in the Lawsuit and other related matters. Pursuant to HRS §103D-304 (2012) (Procurement of professional services), OCC convened a selection committee to rank and evaluate five (5) potential law firms for the consideration of Special Counsel. Schlack Ito was ranked the highest. On December 20, 2023, and pursuant to County Council Resolution 372-23, the County Council authorized OCC to retain Schlack Ito as Special Counsel to represent the County in, and provide legal services for, the Lawsuit, and contract funds of $200,000. During the last year, Schlack Ito has helped the County make great progress in resolving the Lawsuit. The parties agreed to bifurcate the Lawsuit into 2 phases - the first addressing liability and the second relating to remedies. On July 2, 2024, the parties settled the Lawsuit's liability phase, which requires the County to apply for a NPDES permit with the State Department of Health by January 2, 2025. Since then, the parties have focused on negotiating a resolution of the remedies phase, which requires agreements regarding injunctive relief, an environmentally beneficial project or civil penalty, and Plaintiffs attorneys' fees. Resolution of the second phase is complex and requires input from multiple County departments to identify and analyze potential projects. Although we remain hopeful the case will be settled soon, it is possible the parties will be unable to reach an agreement and litigate the outstanding issues instead. Resolution of the Lawsuit requires the County to incur Special Counsel fees and costs exceeding the $200,000 Resolution 372-23 authorized, which has been exhausted. It is in the County's best interest to continue to employ Schlack Ito as Special Counsel to maintain consistency in managing and handling the County's defense in the Lawsuit. OCC has budgeted $300,000 for special counsel expenses in FY 2024-25. Thus, OCC requests Council grant the authority for continued retention of Schlack Ito as Special Counsel for the Lawsuit and related matters with an additional $300,000 to cover the anticipated costs under the contract. SIGNED: DATE: 12-17-24 Department Head