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<br />. <br /> <br />. <br /> <br />t~ . ,., <br /> <br />COUNTY OF HAWAII <br /> <br />STATE OF HAWAII <br /> <br />RESOLUTION NO. <br /> <br />98 97 <br /> <br />A RESOLUTION AUTHORIZING THE RETENTION OF SPECIAL COUNSEL BY <br />COUNTY OFFICIALS IN THEIR INDIVIDUAL CAPACITIES IN LAWSUITS RELATING <br />TO COUNTY CONTRACTS THAT ALLEGEDLY VIOLATE CIVIL SERVICE LAW <br /> <br />WHEREAS, Section 5-2.5 of the Hawaii County Charter, provides that, "The council <br />may, by two-thirds vote of its entire membership, authorize the employment of special counsel <br />for any special matter presenting a real necessity for such employment. Any such authorization <br />shall specify the compensation, if any, to be paid for said services."; and <br /> <br />WHEREAS, the State of Hawaii Supreme Court has issued an opinion in the case of <br />Konno vs. The County of Hawaii. Supreme Court No. 18203, declaring that personal services <br />customarily and primarily provided by civil servants, must be provided by civil servants, unless, <br />expressly exempted from the Civil Service Code, Hawaii Revised Statutes, Chapter 76, and that <br />a contract in violation of this principle is void as contrary to public policy; and <br /> <br />WHEREAS, there are a number of County contracts that County officials may in good <br />faith argue are valid and in compliance with the Konno opinion, but which may in good faith be <br />challenged as violating the principles of Konno; and <br /> <br />WHEREAS, County officials have already received letters threatening legal actions on <br />the basis of the Konno opinion; and <br /> <br />WHEREAS, in the Konno case, some County of Hawaii officials are being sued <br />individually for monetary damages; and <br /> <br />WHEREAS, when a County official is sued individually, the Department of the <br />Corporation Counsel may be precluded from representing the official due to a conflict of <br />interest, Rule 1.7 (b) of the Hawaii Rules of Professional Conduct. <br /> <br />NOW, THEREFORE, BE IT RESOL YED BY THE COUNCIL OF THE COUNTY OF <br />HAW All, that: <br /> <br />1) It is in the best interest of the County of Hawaii to defend contracts for personal <br />services that may in good faith be defended under the Konno opinion; and <br /> <br />2) Because of the importance of these personal services to the people of Hawaii <br />County, the doubt raised concerning their validity by the Konno opinion and the <br />threat of lawsuits, there is a real necessity to retain or employ special counsel; and <br />