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„M?'.." ~ Lincoln S.T. Ashida Harry Kim ~~%w; Corporation Counsel Mayor Gerald Takase ~ Assistant Corporation x"i' of ~M~~• Counsel COUNTY OF HAWAII OFFICE OF THE CORPORATION COUNSEL 101 Aupuni Street, Suire 325 Hilo, Hawaii 96720-4262 (808) 961-8251 . Fax (808) 961-8622 October 10, 2007 Sent via email to all Council Members; no hard copv will follow Honorable Pete Hoffmann and Members of the Hawaii County Council County of Hawaii 333 Kilauea Ave., 2"d Floor Hilo, HI 96720 Dear Chairman Hoffmann and Council Members: RE: United Public Workers v. County of Hawaii, et. al. Civil No. 98-244 (Third Circuit Court) Resolution 364-07 Resolution creating a Park Caretaker I (3/5T) Position and Park Caretaker I (1/2T) Position for the Department of Parks and Recreation The Office of the Corporation Counsel thanks Finance Committee Chair Dominic Yagong and Council Chair Pete Hoffmann for waiving the above- referenced resolution through Committee to the full Council for its review on October 17, 2007. As the Council recalls, after the executive session held on September 6, 2007, the Council authorized the settlement of the above case, UPW v. County of Hawaii, Civil No. 98-244. We are pleased to report the parties have settled the above case in the Hawaii Supreme Court's Appellate Conference Program, consistent with the terms authorized by the Council. Enclosed is a copy of a fully executed Memorandum of Agreement that will be forwarded to the Third Circuit Court upon remand from the Supreme Court, and entered as a consent judgment by the trial Court. Pursuant to the terms of the settlement, new civil service positions are necessitated due to the need for the County to transition janitorial and ground maintenance work from private "for profit" contractors to civil servants. / p Comm. No. ~ ! f Hawaii County is an Equal Opportunity Employer and Provider Ref. To: t'lesedel Rof. Data OCT 17 21113f