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COM 0564.002 1996-1998
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COM 0564.002 1996-1998
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Last modified
5/13/2008 9:12:33 PM
Creation date
5/10/2008 7:59:21 PM
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Communications
Communications - Type
COM
Communications - Council Term
1996-1998
Communication
0564
Point
002
Author
Henry A. Ross
Communications - Referred To
COUNCIL
Comments
Council: Presented - 12/3/97
Document Relationships
AGE COUNCIL 12/03/1997 1996-1998
(Related)
Path:
\Council Records\Agendas\1996-1998\Council
COM 0564.000 1996-1998
(Related)
Path:
\Council Records\Communications\1996-1998
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~ ~~~,~L <br /> To the Hawaii County Council, <br /> County Building -Hilo Hawaii From He ~~A~~."" Ross, K ha Hawaii <br /> RE Your Comm. No 564 on agenda of 3 Dec '97 ~~v~y <br /> legal counsel for 6 uolice in Civil No 97.452 <br /> 3 December 1997 <br /> I refer to my communication 564.01 in this matter and add the following information <br /> that has transpired since and will be useful in your determination in executive session today <br /> The interaction going on between the Police, the Police Commission and Corporation <br /> Counsel in this matter obviously seems to border on corruption if it is not outright corruption <br /> and it behooves the Coucil to defer the request from Dep.Corp.Counsel Joseph Kamelamela <br /> in this matter for the following reasons, that I could clarify to you in the executive session: <br /> 1) If Kamelamela needs to discuss the amount to settle the case, I cannot sit in of course, <br /> but he has already taken steps to go into arbitration and it would be premature for him to ap- <br /> proach you for a settlement amount, because nothing is known to anybody until it happens. <br /> i 2) He also had aself-declared conflict of interest to act on behalf of all defendants and <br /> <br /> I harassed me to waste about $200 and a lot of time on personal-sheriff-service and had the 6 <br /> ~ police involved go to the police commission that decided on 14 November that the police <br /> must be given individual outside attomeys. If he approaches you about that, you ought to <br /> know that he has on 26 November 1997 filed legal documents in court on behalf of the police <br /> defendants (their Answer to the Complaint) that makes him their attomey, and no outside <br /> attorneys are necessary. He can and must further represent them in the suit and you need <br /> not allot any money for legal representation, even if he says that he does not plan to do so, <br /> because he must petition the court to be relieved as their attorney for a good reason, and <br /> until that happenes you should not waste public funds on this exceptionally confusing item. <br /> One wonders how much of the $600,000 that you shelled out for the other police <br /> squabble was really necessary. The trouble seems to be that you only talk to corporation <br /> counsels in your executive meetings, and must take their word for all this, while you have no <br /> way to verify any of their statements as to necessity. As I stated before mine is a well-docu- <br /> mented case and this time it saves you from unnecessary wasting $150,000 in public funds. <br /> I attach for your perusal copies of the Amended Complaint as Exhibit H, Kamelamela's <br /> 2 Answers to the complaint of 26 Oct. and 26 Nov. 1997 as Exhibits I and J, a partial trans- <br /> cript of my testimony in the police commission as Exhibit K, where I was unnecessarily Limi- <br /> ted to 5 minutes for testifying about a potential waste of $150,000. <br /> To illuminate that illegal 5-minute limitation I also enGose Exhibit L, a newspaper <br /> article of June 9, 1983, almost 14 years ago where 1 took 4 council members to the Ethics <br /> Board, also as Exhibit M 2 newspaper articles about a cosy unannounced illegal meeting of <br /> the police commission and the police in May 1996. And a follow up of recent Exhibit D, an <br /> unimpressing article by the police chief praising his police force, of last Monday, as Exhibit <br /> N. Then to show how flawed police commissioner Abdul's statement in Exhibit K was about <br /> the police just being as fallible as everybody else there is Exhibit O. showing that policeman <br /> Fragiau got probation for assault, while I was given a jail term for the petty misdemeanor of <br /> ` RECEIV® <br /> >rn. ~ IZ <br /> ~ County Coundl ~ ~ ~ - ~ r <br /> J )Y. l~St GO?NClL. <br /> I~IL ~+~~7 <br /> <br />
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