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Home My WebLink AboutCOM 0620.000 2022-2024 Mitchell D.Roth +tv qF i,'' I N � CLERK Elizabeth A. Strance � ;��-r ±�,,••. C�1, �1 it Mayor 1;1 `'•.. COUNTY OF AWA E I Corporation Counsel J S.Yoshimoto 64 ,;:�; : 2G73 NOV 4 6 1;!-1 II: 014ssistant Corporation .4•.• rP oF•M.•'': Counsel COUNTY OF HAWAI`I OFFICE OF THE CORPORATION COUNSEL 101 Aupuni Street,Suite 325 • Hilo,Hawai'i 96720 • Phone(808)961-8251 • Fax(808)961-8622 November 16, 2023 Sent via E-mail and Hand Delivery Honorable Heather Kimball, Chairwoman and Members of the Hawai`i County Council 25 Aupuni Street Hilo, Hawai`i 96720 Re: Resolution Authorizing: (1) the Hiring of Schlack Ito, a Limited Liability Law Company, as Special Counsel to Represent the County of Hawaii in Hui Malama Honokohau v. County of Hawaii, Civil No. 1:23-cv-00393; and (2) the Payment of Funds of a Later Fiscal Year and of More than One Fiscal Year for a Multi-Year Agreement with Special Counsel for the County's Legal Defense in Hui Malama Honokohau v. County of Hawaii, Civil No. 1:23-cv-00393 Dear Chairwoman Kimball and Hawai`i County Council Members: The Office of the Corporation Counsel respectfully requests the above- entitled matter be waived past Committee and placed on the Council's December 6, 2023-agenda. There is an imminent need to execute a contract with the selected special counsel to represent the County in, and defend the County against, the citizens' Clean Water Act civil action titled Hui Malama Honokohau v. County of Hawaii, Civil No. 1:23-cv-00393, commenced in the United States District Court for the District of Hawaii on September 25, 2023 ("Lawsuit"). Pursuant to Hawai`i County Charter § 6-5.5, Council's approval is required. Also, Pursuant to Haw. Rev. Stat. § 92-5(a)(4), we request scheduling of an executive session to accommodate discussion of attorney-client confidential matters associated with the resolution. This will allow us to consult with the County Council on questions and issues pertaining to its powers, duties, privileges, immunities, and liabilities. Nkerv. 519- -25 ' Comm. No. (p t Hawaii County is an Equal Opportunity Employer and Provider Ref. To: 1 111. Ref. Date NO 2 0 0 Honorable Heather Kimball, Chairwoman and Members of the Hawai`i County Council November 16, 2023 Page 2 of 2 Thank you for your assistance and consideration. If you have any questions or concerns, please do not hesitate to contact me at (808) 961-8251. Sincerely, LERISA L. HEROLDT Deputy Corporation Counsel LLH:evh Form #: B-52 7/18/91 DEPARTMENT OF FINANCE • REQUEST FOR COUNCIL ACTION DEPARTMENT: Office of Corporation Counsel DATE: 11/16/2023 STAFF CONTACT: Lerisa L. Heroldt PHONE: 808-961-8251 x4114 A. REQUEST: The Office of the Corporation Counsel ("Corporation Counsel") requests the attached draft resolution be waived to Council and placed on the December 6, 2023 Council agenda. Pursuant to Hawaii County Charter ("Charter"), § 6-5.5 (2022), the Hawaii County Council may approve, by two-thirds vote of its entire membership, the employment of Special Counsel. The attached draft resolution authorizes: (1) the Office of the Corporation Counsel to hire the law firm of SCHLACK ITO, A LIMITED LIABILITY LAW COMPANY ("Schlack Ito") as Special Counsel to represent the County in, and defend the County against, the citizens' Clean Water Act ("CWA") civil action titled Hui Malama Honokohau v. County of Hawaii, Civil No. 1:23-cv-00393, commenced in the United States District Court for the District of Hawaii on September 25, 2023 ("Lawsuit") and for related matters; and (2) the Mayor to enter into a multi-year agreement with Schlack Ito, be placed on the December 5, 2023 Finance Committee agenda. The deadline for the 12/05/2023 Finance Committee is November 16, 2023 at noon. B. BACKGROUND AND JUSTIFICATION (USE ADDITIONAL SHEETS AS NEEDED): The unincorporated association known as HUI MALAMA HONOKOHAU ("Plaintiff') named the County as Defendant in the Lawsuit. Corporation Counsel does not currently have the expertise, personnel, and resources to provide the necessary level of legal services needed for the Lawsuit. Corporation Counsel has procured the professional legal services of Schlack Ito to represent the County in, and defend the County against, the Lawsuit. Pursuant to HRS §103D-304 (2012) (Procurement of professional services), Corporation Counsel convened a selection committee to rank and evaluate five (5) potential law firms for the consideration of Special Counsel. Schlack Ito was ranked the highest. Corporation Counsel now seeks approval pursuant to Charter§ 6-5.5, to employ Schlack Ito. Furthermore, Corporation Counsel wishes to enter into a multi-year agreement with Schlack Ito for professional legal services for the duration of the Lawsuit. A multi-year agreement will allow the County to employ Special Counsel who can provide services on a continuing and consistent basis for the Lawsuit's duration. As the Lawsuit relates to alleged violations of the CWA at the County's Kealakehe Wastewater Treatment Plant, the Lawsuit has the potential to last years given scope and complexity of the issues involved. It would be in the County's best interest to employ a Special Counsel who is familiar with the CWA litigation, environmental law dispute resolution and factors unique to the County and to maintain consistency in managing and handling County's defense in the Lawsuit. Corporation Counsel seeks to execute an agreement with Schlack Ito for services to commence on Monday, December 11, 2023 and last for the duration of the Lawsuit. Pursuant to Section 10-11 of the Hawaii County Charter, the Council, by resolution, must authorize the payment of funds of a later fiscal year and of more than one fiscal year. Schlack Ito will be responsible for representing the County in, and defending the County against, the Lawsuit, including but not limited to: -the investigation of Plaintiff's CWA claims in the Lawsuit; -the drafting, preparation, filing and service of all court pleadings, motions, briefs, and other necessary court filings; -appearances at all court hearings, trial and other court proceedings before the United States District Court for the District of Hawaii, United States Court of Appeals for the Ninth Circuit, Supreme Court of the United States, and Supreme Court of Hawaii; -the discovery process, including all written discovery requests and the depositions of all witnesses, parties and experts; -alternative dispute resolution proceedings, including but not limited to mediation; and -general advising and consulting with County representatives regarding the Lawsuit and related matters. —DDigieta2ly02 s3ig1n7e1d6 byE:3liz3a4b6e-t1h0 S0tr0ce SIGNED: DATE: Department Head IV°FH ''' MICHELLE M. GALIMBA ` °.•Ag. r`�•4cL9 HOLEKA GORO INABA MATT KANEALI I-KLEINFELDER - °:• .: - -• �. Chairperson � ' JENN KAGIWADA * "+17 •* ASHLEY L.KIERKIEWICZ CINDY EVANS \ •, •- = — • _ HEATHER L. KIMBALL Vice Chair sr•,,•N°^G ;o :•P� SUSAN L.K.LEE LOY 'N. OF�41• ' REBECCA VILLEGAS HAWAI`I COUNTY COUNCIL County of Hawai`i Hawai`i County Building 25 Aupuni Street Hilo,Hawai'i 96720 November 20, 2023 Heather L. Kimball, Council Chair Hawai`i County Council 25 Aupuni Street Hilo, Hawai`i 96720 RE: Resolution No. 372-23 • RESOLUTION AUTHORIZING:(1)THE HIRING OF SCHLACK ITO,A LIMITED LIABILITY LAW COMPANY,AS SPECIAL COUNSEL TO REPRESENT THE COUNTY OF HAWAI`I IN HUI MALAMA HONOKOHAU V.COUNTY OF HAWAI`I,CIVIL NO. 1:23-CV-00393;AND(2)THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR AND OF MORE THAN ONE FISCAL YEAR FOR A MULTI-YEAR AGREEMENT WITH SPECIAL COUNSEL FOR THE COUNTY'S LEGAL DEFENSE IN HUI MALAMA HONOKOHAU V.COUNTY OF HAWAI`I,CIVIL NO. 1:23-CV-00393 Pursuant to Section 2(g) of Rule 4 of the Rules of Procedure of the Council of the County of Hawai`i, this written request is submitted with my approval that the above-referenced matter be waived from the Committee on Finance to the full Council for immediate action. In reviewing this matter, timely approval is crucial. It is therefore advantageous that approval is granted and the matter be placed onto the next Council agenda for review. However, in the event this request is denied, for whatever reason, I understand the matter shall be referred to the Committee on Finance for placement on its future agenda. Sincerely, Matt Kaneali`i- •leinfelder, Chairperson Committee on Fin ce pproved .Date/Waive to Council: Disapproved/Date/Refer to FC: Oleofid;,V 07(:)r--;,•gg Heather L. Kimball, Council Chair Heather L. Kimball, Council Chair Hawai`i County Council NOV 2 0 2023 Hawai`i County Council MKK/lkh Hawari County Is an Equal Opportunity Provider and Employer