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William P. Kenoi Mayor Lincoln S.T. Ashida Corporation Counsel Katherine A. Garson Assistant Corporation Counsel COUNTY OF HAWAII OFFICE OF THE CORPORATION COUNSEL 333 Kilauea Avenue, Second Floor • Hilo, Hawaii 96720 • (808) 961 -8251 • Fax (808) 961 -8622 E -mail: corpcounsel@co.hawaii.hi.us January 3, 2012 Sent via email to all Council members; no hard copy will follow Mr. Dominic Yagong Chairman and Presiding Officer Hawai'i County Council 25 Aupuni St. Hilo, HI 96720 Dear Chairman Yagong and Council Members: RE: Bill 152 (Draft 2) We caution the Council the compensation provision of Bill 152 (Draft 2) as written violates the separation of powers doctrine since it gives the Council unilateral authority for the hiring of special counsel in cases involving administration personnel. As the bill is currently written, only the Council determines whether there is a conflict of interest. Further, Bill 152 (Draft 2) as written is unnecessarily convoluted; the desired result of the Council having the authority to hire special counsel could be achieved by the following simple changes to our Charter: 1. Like the City and County of Honolulu, amend Article III, Section 3 -6 of our Charter by creating the following simple language: The council may, without express limitation, authorize the employment of special counsel to represent it, upon the affirmative vote of at least two- thirds of its entire membership. Any such authorization shall specify the compensation, if any, to be paid such special counsel, and the council shall make an appropriation therefor. This is language taken verbatim from the Charter of the City and County of Honolulu; we also added the phrase "without express limitation" in order to recognize the council's authority found in City Council v. Sakai, 58 Haw. 390, 570 P.2d 565 (1977). Hawai'i County is an Equal Opportunity Employer and Provider rri Comm. No. 98`31?* Ref. To preieillla 6144144.1 Ref. Date JAN = ,4- 2fl12