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HomeMy WebLinkAboutRES 440 Draft 01 2022-2024A RESOLUTION AUTHORIZING THE EMPLOYMENT OF SPECIAL COUNSEL TO REPRESENT THE COUNTY OF HAWAI‘I, BOARD OF ETHICS IN PETITION NO. 2023-10. 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 April 18, 2023, a Petition was filed by a member of the public with the County of Hawaiʻi, Board of Ethics, seeking a hearing concerning the actions of three County of Hawaiʻi employees (“Petition 2023-10”); and WHEREAS, based on the specific allegations contained in Petition 2023-10, there is a real necessity for the Office of the Corporation Counsel for the County of Hawaiʻi to recuse itself from advising the Board of Ethics in the consideration of Petition 2023-10; and WHEREAS, the County Council finds that there is a real 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 Hawaiʻi Board of Ethics as to Petition 202310; and WHEREAS, the Office of the Corporation Counsel, County of Hawaiʻi, consistent with the Hawaiʻi Rules of Professional Conduct, shall provide necessary support services in this matter and take all possible steps to minimize costs; now, therefore, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAIʻI that: 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 Hawaiʻi Board of Ethics in the consideration of Petition 2023-10; and 2. That the total costs shall not exceed $1,500.00; 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 Elizabeth A. Strance, Corporation Counsel, Office of the Corporation Counsel, County of Hawaiʻi. Dated at _____________, Hawai‘i, this ______ day of ___________________, 20___. INTRODUCED BY: _______________________________________ COUNCIL MEMBER, COUNTY OF HAWAI‘I COUNTY COUNCIL County of Hawai‘i Hilo, Hawai‘i ROLL CALL VOTE    AYES NOES ABS EX   EVANS       GALIMBA       I hereby certify that the foregoing RESOLUTION was by the vote indicated to the right hereof adopted by the COUNCIL of the County of Hawai‘i on _____________________________________. INABA       KAGIWADA       KĀNEALI‘I-KLEINFELDER       KIERKIEWICZ      ATTEST: KIMBALL       LEE LOY       VILLEGAS              Reference:  COUNTY CLERK CHAIRPERSON & PRESIDING OFFICER RESOLUTION NO.