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HomeMy WebLinkAboutRES 519 Draft 01 2022-2024 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 Hawai‘i, 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 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 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 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 HAWAI‘I 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 ___________, 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.