COM 0724.001 2004-2006 - Laserfiche WebLink

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~~Y O•M~ Lincoln S.T. Ashida `9't-~ ~ • ~ •9 Corporation Counsel Harry Kim ' Mayor • ~ Gerald Takase :,•r ro Assistant Corporation n•„•;,.+' Counsel COUNTY OF HAWAII OFFICE OF THE CORPORATION COUNSEL 101 Aupuni Street, Suite 325 Hilo, Hawaii 967204262. (608) 961-8251 Fax (808) 961-8622 March 3, 2006 Sent via email on 3-3-06: no hard copv will follow Honorable Stay K. Higa and Members of the Hawaii County Council County of Hawaii 25 Aupuni St. Hilo, HI 96720 Dear Chairman Higa and Council Members: RE: Kelly, et. al. v. 1250 Oceanside Partners, et. al. CIV. NO. 00-01-0192K Thank you for agreeing to amend the Hawaii County Council's agenda for its March 1, 2006, meeting, and for concurring with our recommendations concerning the County of Hawai'i's portion of the possible settlement of the above case. Based on concerns raised by a reporter this past Wednesday regarding the Council's action in amending the meeting agenda, I contacted Office of Information Practices Director Leslie H. Kondo, and provided him information in camera (including a copy of Deputy Corporation Counsel's substantive letter to you relative to this case) concerning the content and scope of our discussion with the Council on Wednesday. Mr. Kondo indicated that based on my representation, the Council's amendment to its agenda pursuant to Section 92- 7(4), Hawaii Revised Statutes, to include the Council's consideration of the settlement offer was not strictly prohibited. While he could not provide a definitive opinion without an opportunity to more thoroughly consider and perhaps research the issue, Mr. Kondo conveyed his belief that the Council's basis for amending the agenda, as explained to him, was reasoned and appeared to be based upon a good faith interpretation of the statute. We again thank the Council for entertaining and acting upon our request. Hawaii County is an Equal Opportunity Employer and Provider , L Comm. tJo. 7 ~-`f Ref. To: Ref. Uate