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d ` <br /> Mtv,or N~ <br /> `P,•.t',~ <br /> ~ Vim,' <br /> <br /> Stephen K. Yamashiro Richard Wurdeman <br /> Mayor Corporation Counsel <br /> ~~Or Nr~+ <br /> s <br /> ~OLtI'C~~1 xI~ C~11'tC~' + . ! 1 ~ ~ ; <br /> OFFICE OF THE CORPO LION COUNSEL <br /> 101 Aupuni S[reet~ Suite 325 • Hilo, Hawaii 96720.426 VAba)961.8251 • Ftlx t808)~ 961.8622 <br /> „ .ri <br /> January 22, 1998 <br /> The Honorable James Y. Arakaki <br /> Chairperson <br /> Hawaii County Council <br /> 25 Aupuni Street <br /> Hilo, Hawaii 96720 <br /> RE: Written Submission in Support of Bill 178. <br /> Dear Chairperson Arakaki: <br /> The Office of the Corporation Counsel respectfully requests the support of the County Council in <br /> adopting Bill 178 as submitted. Specifically, the Office of the Corporation Counsel supports the <br /> transfer of $750,000 from the Fund Balance to Account No. 010-131-5131.10-115 Special <br /> Counsel & Settlements. This unusual request for a supplemental appropriation is necessary <br /> because of two cases, the Konno, et al., n. County of Hmvaii, et al., privatization case and the <br /> William Silva, et al., v. County of Hawaii, et al., police promotion case. There is a substantial <br /> need for this supplemental appropriation. In the present fiscal year, the Office of the Corporation <br /> Counsel budgeted a total of $221,358 for Special Counsel. <br /> The Konno, privatization cast has been a long and drawn out case, with both sides appealing <br /> decisions to the Hawaii State Supreme Court. The Silva, case, quickly siphoned off available <br /> funds. The Department of Public Works, under a similar agreement with our office set aside an <br /> approximate total of $210,000 to continue to pay litigation costs. As with the Police Department, <br /> our office will repay the Department of Public Works for any litigations funds advanced. <br /> Similarly, the Silva case was a substantial and rapid expenditure of available funds. When the <br /> budget was drawn up in 1995, the Silva case had not been filed with the United States District <br /> Court nor was it anticipated. The complaint was filed on May 17, 1996. A year and a half later, <br /> the case ended on November 19, 1997, with the County winning a motion for summary <br /> judgment hl the current fiscal year, a total of approximately $521,358.00 has been spent. The <br /> Hawaii County Police Department, under an agreement with our office has set aside <br /> approximately $320,000. Our office is responsible for repaying the Police Department if this <br /> supplemental appropriation is adopted. <br /> . -_-(0 4.03, <br /> • ut _ <br /> w~ MI_ <br /> <br />