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F 4 William P. Kenoi -- of N, Molly A. Stebbins Mayor 00..•1 Corporation Counsel d.. >� *i i`�.. ;,�/, William V. Brilhante, Jr. ''� Assistant Corporation w'' Counsel . 'TOF•,..�- COUNTY OF HAWAII OFFICE OF THE CORPORATION COUNSEL 101 Aupuni Street,Suite 325 • Hilo, Hawaii 96720 • (808)961-8251 • Fax(808)961-8622 d C") July 16, 2015 �+ o ,0,c3 p.. ; . Honorable Dru Kanuha, Chairman Hawaii County Council ) 25 Aupuni Street w ›,.� Hilo, Hawai`i 96720 `o Re: Brenda J. Ford v. Bobby Jean Leithead-Todd; S.P. No. 13-1-52K Request for agendizing payment of special counsel fees to Robert Kim, Esq., for services rendered to Department of Environmental Management Director Bobby Jean Leithead-Todd in defending against a lawsuit Dear Chairman Kanuha: The Office of the Corporation Counsel requests this communication be agendized for the purpose of the Hawaii County Council considering a request for payment of attorney fees to Robert Kim, Esq., for his representation of Department of Environmental Management Director Bobby Jean Leithead-Todd. Ms. Leithead-Todd was initially sued in S.P. No. 13-1-34K, and it was alleged she did not qualify to hold the position of Director of the Department of Environmental Management, despite a majority affirmative vote of the Council after significant deliberation. This case was dismissed by the Third Circuit Court on December 30, 2013. A second lawsuit, in S.P. No. 13-1-52K, was then filed against Ms. Leithead-Todd. On May 26, 2015, Judge Ibarra issued his Findings of Fact, Conclusions of Law, and Order Granting Respondent Bobby Jean Leithead-Todd's Motion for Summary Judgment. The Court ruled in favor of Bobby Jean Leithead-Todd and held she was qualified to hold the position of Director of the Department of Environmental Management. On July 8, 2015, Mr. Kim sent a letter to Corporation Counsel formally requesting payment for his services. If the Hawai`i County Council believes there was a"real necessity" for Mr. Kim's services, payment may be made.' Enclosed is a copy of Mr. Kim's letter dated July 8, 2015, with enclosures. Hawai`i County Charter Section 6-5.5. Special Counsel. The Council may,by two-thirds vote of its entire membership, authorize the employment of special counsel for any special matter presenting a real necessity for such employment. Any such authorization shall specify the compensation, if any, to be paid for said services. Comm. No. / O�i Ref. To: �O i� Hawaii County is an Equal Opportunity Employer and Provider JU [u Ref. Date _,,,