Comm No 0001.08 - CC Response - Serve Legislative and Executive Branches

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Honorable Douglass Shipman Adams Chairman and Members of the Hawai'i County Charter Commission October 1, 2018 Page 5 of 5 During the past eighteen (18) years, the County Council, as a whole, has twice requested the authorization to retain special counsel because of an opinion that was contrary to the opinions of members of the of the County Counsel. In one request in 2011, the Council Chairman introduced Resolution 88-11 which requested the authorization to retain special counsel on Bill 29, Draft 4, the Mayor's veto message and a letter from the Corporation Counsel. On June 24, 2011, the resolution failed to get the requisite two -third votes (that is, 6 votes). In 2017, the County Council, by a unanimous vote, approved a resolution which authorized the retention of special counsel because the council members disagreed with the Mayor's decision to terminate the compost service agreement with Hawaiian Earth Recycling ("HER"). However, the County Council never hired special counsel because it and the Mayor shared the following common interests: HER to continue providing enhanced mulching; the compost facility was not to be constructed at the Hilo landfill site; the compost facility was a necessary worthwhile project; and the service agreement was to be revised and amended. On September 19, 2018, the County and HER executed the final revised and amended service agreement. Given the above -stated background information, the Special Counsel provision in Section 6-5.6 of the Charter has mitigated situations of potential conflicts. Should you have any further questions about our office, please contact me or Assistant Corporation Counsel, Renee Schoen. Respectfully submitted, Digitally signed by Cathy Ferreira Date: 2018.10.01 10:48:06 -10'00' JOSEPH K. KAMELAMELA Corporation Counsel JKK:clf