HomeMy WebLinkAboutRES 519 Draft 01 2022-2024 COUNTY OF HAWAI`I STATE OF HAWAI'I
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RESOLUTION NO. 519 24
A RESOLUTION AUTHORIZING THE CONTINUED EMPLOYMENT OF LEONG
KUNIHIRO BROOKE & KIM,AS SPECIAL COUNSEL TO REPRESENT THE
COUNTY OF HAWAI`I, DEPARTMENT OF HUMAN RESOURCES, WORKERS'
COMPENSATION DIVISION.
WHEREAS, Section 6-5.5, of the Hawai`i County Charter(the "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, Section 6-5.5 of the Charter states that any such authorization for the
employment of Special Counsel shall specify the compensation to be paid for services; and
WHEREAS,the County of Hawaii, Department of Human Resources, Workers'
Compensation Division ("County") handles numerous workers' compensation cases and due
to the number and complexity of these cases, is still in need of assistance of Special
Counsel; and
WHEREAS, on November 3, 2015, the County Council approved the hiring of Leong,
Kunihiro, Benton, & Brooke (now Leong Kunihiro Brooke &Kim) as Special Counsel to
represent the County for a sum not to exceed Three Hundred Thousand Dollars
($300,000.00); and
WHEREAS, on February 19, 2020, the County Council approved an additional Fifty
Thousand Dollars ($50,000) for legal services rendered by Special Counsel; and
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WHEREAS, on September 16, 2020,the County Council approved an additional Two
Hundred Thousand Dollars ($200,000.00) for legal services rendered by Special Counsel;
and
WHEREAS, on April 6, 2022, the County Council approved an additional Sixty
Thousand Dollars ($60,000) to address the County's Workers' Compensation cases; and
WHEREAS, on September 21, 2022, the County council approved an additional Fifty-
Thousand Dollars ($50,000.00) for legal services rendered by Special Counsel; and
WHEREAS, on November 22, 2022, via professional services procurement, the
County executed a new contract for Special Counsel assistance with Workers'
Compensation cases, with Leong Kunihiro Brooke & Kim for Three hundred thousand
dollars ($300,000.00), with a termination date of September 30, 2025; and
WHEREAS, Special Counsel represents the County in its most challenging workers'
compensation claims,provides claims management oversight, makes recommendations
regarding settlement, negotiations,pertinent evaluations and investigation, and promotes
resolution and closure; and
WHEREAS,the Office of the Corporation Counsel does not have the expertise,
personnel, and resources to provide the same level of legal services rendered by Special
Counsel; and
WHEREAS, there is a real necessity for Special Counsel to continue representing the
County in its most challenging work; and
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WHEREAS, Special Counsel services to the County have increased significantly over
the last year and a half due to increased claims, complex injuries, and intense effort to
resolve older pending claims; and
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WHEREAS, there is an additional Three Hundred Thousand Dollars ($300,000.00)
allocated for legal services to be rendered by Special Counsel; now, therefore,
BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII that
1. Pursuant to County Charter, Section 6-5.5, Special Counsel,the County
Council authorizes the continued retention of Special Counsel to represent the County; and
2. The funds for the Special Counsel shall not exceed Six Hundred Thousand
Dollars($600,000.00).
BE IT FINALLY RESOLVED that the County Clerk shall transmit a copy of this
resolution to the Office of the Mayor,the Department of Finance,the Office of the Corporation
Counsel, and the Department of Human Resources.
Dated at Hilo , Hawai`i, this 5th day of June 2024 •
INTRODUCED BY:
COUNCIL ME , COUNTY OF HAWAI`I
COUNTY COUNCIL ROLL CALL VOTE
County of Hawai`i AYES NOES ABS EX
Hilo, Hawai`i EVANS X
GALIMBA X
I hereby certify that the foregoing RESOLUTION was by INABA X
the vote indicated to the right hereof adopted by the COUNCIL of the KAGIWADA X
County of Hawaii on June 5, 2024
KANEALI`I-KLEINFELDER X
KIERKIEWICZ X
ATTEST: KIMBALL X
LEE LOY X
VILLEGAS X
7 0 2 0
C CG-` r Reference: C-876/GOEAC-138
Y CLERK ERSON&PRE DING OFFICER RESOLUTION NO. 51.9 24
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