HomeMy WebLinkAboutRES 722 Draft 01 2018-2020 _J rtYfos y
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COUNTY OF HAWAII �_: `�'==�-''�_� STATE OF HAWAII
RESOLUTION NO. 722 20
A RESOLUTION AUTHORIZING THE EMPLOYMENT OF SPECIAL COUNSEL TO
REPRESENT THE COUNTY OF HAWAII,BOARD OF ETHICS IN PETITION
NO. 2020-05
WHEREAS, Section 6-5.5, of the Hawai`i County Charter, Special Counsel, provides
that the County Council, may approve by two-thirds vote of its entire membership the
employment of Special Counsel, for any special matter presenting a real necessity for such
employment; and
WHEREAS, on August 13, 2020, a Petition was filed by a member of the public with the
County of Hawai`i, Board of Ethics, seeking a hearing and Informal Advisory Opinion
concerning the actions of County of Hawai`i employees ("Petition 2020-05"); and
WHEREAS, Petition 2020-05 contains issues that may affect Petitioner's current
litigation against the County of Hawai`i; and
WHEREAS, a conflict of interest would exist for the Office of the Corporation Counsel
for the County of Hawai`i to advise the Board of Ethics in the consideration of Petition 2020-05;
and
WHEREAS, the County Council finds that there is a necessity and a public purpose for
retaining the services of an attorney from the Office of the Corporation Counsel, County of
Maui, as special counsel to advise the County of Hawai`i Board of Ethics as to Petition
No. 2020-05, due to conflict of interest for the Office of the Corporation Counsel, County of
Hawai`i; and
WHEREAS, the Office of the Corporation Counsel, County of Hawaii, consistent with
the Code of Professional Conduct, shall provide necessary support services in this matter and
take all possible steps to minimize costs; now, therefore,
BE IT RESOLVED THE COUNCIL OF THE COUNTY OF HAWAII that:
1. That the County Council hereby authorizes the retention of an attorney from the
Office of the Corporation Counsel, County of Maui, as special counsel to advise the County of
Hawai`i Board of Ethics in the consideration of Petition No. 2020-05; and
2. That the total costs shall not exceed $1,000.00; and
3. That the compensable costs shall include 1) fees for copies necessarily obtained
for use in the case; 2) fees for computerized legal research; 3) telephone calls; 4) facsimile
charges; 5)per diem; and 6) necessary air and ground transportation to attend meetings; and
BE IT FINALLY RESOLVED that the County Clerk shall transmit a copy of this
resolution to the Office of the Corporation Counsel, County of Hawai`i.
Dated at Kona , Hawai`i, this 16th day of September , 2020.
INTRODUCED BY:
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COUNCIL MEMBE' , •LINTY OF HA AI`I
COUNTY COUNCIL ROLL CALL VOTE
County of Hawai`i AYES NOES ABS EX
Hilo, Hawaii CHUNG X
DAVID X
I hereby certify that the foregoing RESOLUTION was by EOFF X
the vote indicated to the right hereof adopted by the COUNCIL of the
County of Hawai`i on September 16, 2020 KANEALI`I-KLEINFELDER X
KIERKIEWICZ X
LEE LOY X
ATTEST: POINDEXTER X
RICHARDS X
VILLEGAS X
8 0 1 0
Reference: C-1056/Waived FC
O CL RK CHAIRPERSON& PRESIDING 0 ICER RESOLUTION NO. 722 20
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