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Mitchell D.Roth +tv qF i,'' I N � CLERK Elizabeth A. Strance <br /> � ;���-r ±�,,••. C�1, �1 it <br /> Mayor 1;1 `'•.. COUNTY OF AWA E I Corporation Counsel <br /> J S.Yoshimoto <br /> 64 ,;:�; : 2G73 NOV 4 6 1;!-1 II: 014ssistant Corporation <br /> .4•.• <br /> rP oF•M.•'': Counsel <br /> COUNTY OF HAWAI`I <br /> OFFICE OF THE CORPORATION COUNSEL <br /> 101 Aupuni Street,Suite 325 • Hilo,Hawai'i 96720 • Phone(808)961-8251 • Fax(808)961-8622 <br /> November 16, 2023 <br /> Sent via E-mail and Hand Delivery <br /> Honorable Heather Kimball, Chairwoman <br /> and Members of the Hawai`i County Council <br /> 25 Aupuni Street <br /> Hilo, Hawai`i 96720 <br /> Re: Resolution Authorizing: (1) the Hiring of Schlack Ito, a Limited <br /> Liability Law Company, as Special Counsel to Represent the <br /> County of Hawaii in Hui Malama Honokohau v. County of <br /> Hawaii, Civil No. 1:23-cv-00393; and (2) the Payment of Funds <br /> of a Later Fiscal Year and of More than One Fiscal Year for a <br /> Multi-Year Agreement with Special Counsel for the County's <br /> Legal Defense in Hui Malama Honokohau v. County of Hawaii, <br /> Civil No. 1:23-cv-00393 <br /> Dear Chairwoman Kimball and Hawai`i County Council Members: <br /> The Office of the Corporation Counsel respectfully requests the above- <br /> entitled matter be waived past Committee and placed on the Council's December <br /> 6, 2023-agenda. There is an imminent need to execute a contract with the selected <br /> special counsel to represent the County in, and defend the County against, the <br /> citizens' Clean Water Act civil action titled Hui Malama Honokohau v. County of <br /> Hawaii, Civil No. 1:23-cv-00393, commenced in the United States District Court for <br /> the District of Hawaii on September 25, 2023 ("Lawsuit"). Pursuant to Hawai`i <br /> County Charter § 6-5.5, Council's approval is required. <br /> Also, Pursuant to Haw. Rev. Stat. § 92-5(a)(4), we request scheduling of an <br /> executive session to accommodate discussion of attorney-client confidential matters <br /> associated with the resolution. This will allow us to consult with the County <br /> Council on questions and issues pertaining to its powers, duties, privileges, <br /> immunities, and liabilities. <br /> Nkerv. 519- -25 ' Comm. No. (p t <br /> Hawaii County is an Equal Opportunity Employer and Provider Ref. To: 1 111. <br /> Ref. Date NO 2 0 0 <br />