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Honorable Pete Hoffmann and Members of the Hawai` i County Council May 29, 2008 Page 2 As reported a number of times in the media, Councilmember Stacy Higa has indicated a desire to make the contents of this case public. The following caveat appears in Judge 1Nilliam Schmidt's order: WARNING: Pursuant to Complainant's motion, the record in this case has been sealed. This Decision is a part of the record X29 CFR 1603.21?(b~) and must not be disclosed except to the extent necessary for continued litigation in this case. No party is authorized to disclose this decision or any portion of the record for any other purpose without prior authorization to do so. To seek authorization for disclosure, a motion to that effect must be filed with the Director, Office of Federal Operations, Equal Employment Opportunity Commission, P.O. Box 19848, Washington, D.C. 20036. Councilmember Higa has also correctly observed that his persona! interests and the interests of the Employer County of Hawai' i may not be consistent in this case. For this reason, Councilmember Higa may wish to have his private attorneys seek an authorization for disclosure of the sealed records pursuant to the caveat cited above. Further, assuming Judge Schmidt's order specifically authorizes only a party to seek authorization for disclosure, this Council via majority vote may authorize our office to motion the EEOC to lift the order and allow non-privileged documents and things to be made public. Deputy Corporation Counsel Joseph K. Kamelamela, lead counsel in this case for the County of Hawaii will appear before the Council on June 3 as requested to answer any questions you may have. fn the interim time, if you have any questions or concerns, please feel free to contact Mr. Kamelamela or mein advance of the meeting. Thank you for your kind attention to this matter. Very truly yours, LINCOLN S. T. ASHIDA Corporation Counsel c: County Clerk Laura Murashige LF: WRK 07-1576 05-29-08 letter to CouncillLSAmr