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<br /> <br /> o • <br /> «tr w w Lincoln S.T. Ashida <br /> Hang Kim Corporation Counsel <br /> Mayor <br /> Gerald Takase <br /> Assistant Corporation <br /> o:'«?" Counsel <br /> COUNTY OF HAWAII <br /> <br /> OFFICE OF THE CORPORATION COUNSEL <br /> 101 Aupuni Street, Suite 325 • Hilo, Hawaii 96720-4262 • (808) 961-8251 • Fax (808) 961-82 -c ' FV' <br /> April 21, 2008 <br /> <br /> I TI <br /> Sent via email; no hard copy will follow . ` <br /> <br /> Honorable Pete Hoffmann and Members of the <br /> Hawai'i County Council <br /> 333 Kilauea Ave., 2nd Floor <br /> Hilo, HI 96720 <br /> <br /> Dear Chairman Hoffmann and Council Members: <br /> <br /> RE: Melissa M. Chang v. County of Hawaii, Hawaii County Council <br /> EEOC No. 3713-2007-00006 <br /> <br /> This communication responds to Council Member Dominic Yagong's letter <br /> dated April 17, 2008 (enclosed for reference purposes) requesting an executive <br /> session in the above case. <br /> <br /> We have reviewed Rule 1.4 of the Hawaii Rules of Professional Conduct, <br /> which provides in pertinent part as follows: <br /> <br /> Rule 1.4. COMMUNICATION. <br /> (a) A lawyer shall keep a client reasonably informed about the status of a matter and <br /> promptly comply with reasonable requests for information. <br /> <br /> In the above case, we note both the County of Hawaii and Hawaii County <br /> Council were named as respondents. For this reason, Mr. Yagong's request for <br /> information is within the purview of the requirements of Rule 1.4, since we <br /> determine both the County and Council as clients. As an aside, we note the <br /> commentary to Rule 1.4 provides as follows: <br /> <br /> Withholding Information <br /> [4] Rules or court orders governing litigation may provide that information supplied to <br /> a lawyer may not be disclosed to the client. Rule 3.4(e) directs compliance with such <br /> rules or orders. <br /> <br /> We conclude, however, the order of the Federal Administrative Judge in <br /> the above case sealing the records at the request of the complainant was <br /> intended to protect sensitive information from dissemination to the general public, ' Z <br /> Hawaii County is an Equal Opportunity Employer and Provider COWL Nm <br /> _ 0 k <br /> Ref. To.. <br /> Ref. Duts -mAY 2 7 ~ttt1R F <br />