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<br /> <br /> <br /> Honorable Pete Hoffmann and Members of the <br /> Hawaii County Council <br /> April 21, 2008 <br /> Page 2 <br /> <br /> and was not intended to preclude our attorneys from disclosing or discussing with <br /> the Council salient matters related to this case. <br /> <br /> If the Council Chair, as the person responsible for the setting of Council <br /> agendas, concurs that an executive meeting is necessary as requested by Mr. <br /> Yagong, please take the necessary steps in order to agendize the above case <br /> before the full Council for attorney-client privileged discussion pursuant to <br /> Sections 92-4 and 92-5, Hawaii Revised Statutes, as amended. The next <br /> Council meeting where this matter may be scheduled is May 7, 2008. <br /> Unfortunately, I am scheduled to be on the mainland attending an American Bar <br /> Association conference on Access to Justice during that week. I will be able to <br /> attend the Council's next meeting on May 20, 2008. <br /> <br /> Similarly, Deputy Corporation Counsel Joseph Kamelamela, who served <br /> as lead counsel for the County in this case, will be on Oahu during the week of <br /> May 7, 2008, in mediation in a federal court case involving our County. Thus, Mr. <br /> Kamelamela will similarly not be able to attend an executive meeting with the <br /> Council on May 7, 2008. <br /> <br /> At present, I can represent the deadline for the filing by the County of an <br /> appeal in this matter is May 5, 2008 (prior to the Council's next meeting). As is <br /> our standard practice, our office routinely files appeals in both judicial and <br /> administrative cases where there has been an adverse decision against the <br /> County. We will be filing a notice of appeal in this case. This does not foreclose <br /> the ability of the County to negotiate a settlement or abandon the appeal, if it is <br /> later determined such action is warranted. <br /> Upon consideration of these matters, please advise our office whether the <br /> Council would like an executive meeting concerning this case, and if so, when it <br /> would like to schedule this meeting. If the Council wishes to discuss this case on <br /> May 7, 1 will not be able to personally appear, but will make arrangements for <br /> other attorneys from our office to appear in my stead. <br /> <br /> Thank you for your kind attention to this matter. <br /> <br /> <br /> Very truly yours, <br /> <br /> <br /> <br /> LINCOLN S. T. ASHIDA <br /> Corporation Counsel <br /> <br /> <br /> Encl. <br /> S: Labor/EEOC/Chang/Letter to Council4-21-08/LSAmr <br />