HomeMy WebLinkAboutRES 049 Draft 01 2024-2026COUNTY OF HAWAI`I
STATE OF HAWAIII
RESOLUTION NO. 49 25
A RESOLUTION AUTHORIZING THE CONTINUED EMPLOYMENT OF
SCHLACK ITO, A LIMITED LIABILITY LAW COMPANY, AS SPECIAL
COUNSEL TO CONTINUE TO REPRESENT THE COUNTY OF HAWAI`I IN HUI
1VI4LAMA HONOKOHAU V. COUNTY OF HAWAI`I, CIVIL NO. 1:23-CV-00393
WHEREAS, Hawaii County Charter ("Charter") § 6-5.5 (Special Counsel) provides
that the County Council may approve, by two-thirds vote of its entire membership, authorize
the employment of Special Counsel, for any special matter presenting a real necessity for
such employment; and
WHEREAS, Charter § 6-5.5 states any such authorization for the employment of
Special Counsel shall specify the compensation to be paid for services; and
WHEREAS, the County of Hawaii ("County") requires the continued assistance of
Special Counsel to represent the County in the citizens' Clean Water Act civil action titled
Hui Maldma Honokohau v. County of Hawai `i, Civil No. 1:23-cv-00393, commenced in the
United States District Court for the District of Hawaii on September 25, 2023 ("Lawsuit"),
and other related matters; and
WHEREAS, on December 20, 2023, via Resolution 372-23 Draft 2, the County
Council approved the hiring of Schlack Ito, a Limited Liability Law Company, as Special
Counsel to represent and provide legal services to the County in the Lawsuit for a sum not to
exceed Two Hundred Thousand Dollars ($200,000.00); 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, pursuant to Resolution 372-23 Draft 2, resolution of the Lawsuit via
alternative dispute resolution has been a priority. To date, the parties have settled the
liability phase of the case, have participated in numerous settlement discussions with and
without the judge, and exchanged multiple settlement offers including one made since the
new administration has taken office. Further, the County is on track to submit an application
for a NPDES permit with the State of Hawaii on or before January 2, 2025, as required by
the phase one settlement; and
WHEREAS, resolution of the Lawsuit requires the County to incur Special Counsel
fees and costs exceeding the $200,000 authorized by Resolution 372-23 Draft 2; and
WHEREAS, on November 22, 2024, the Court set trial for February 24, 2026. A
further settlement conference is scheduled for February 20, 2025; and
WHEREAS, there is a real necessity for Special Counsel to continue representing the
County in the Lawsuit and related matters; 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:
Pursuant to Charter § 6-5.5 (Special Counsel) the County Council
authorizes the continued retention of Special Counsel to represent the County and provide
legal services in the Lawsuit; and
2. The funds for the Special Counsel shall not exceed Five Hundred
Thousand Dollars ($500,000.00) ($200,000 per Resolution No. 372-23 and $300,000 per this
authorization.)
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BE IT FINALLY RESOLVED that the County Clerk shall transmit a copy of this
resolution to the Office of Management, the Department of Finance and the Office of the
Corporation Counsel.
Dated at Kona , Hawai`i, this 22nd day of January , 2025 .
INTRODUCED BY:
IL ER, COUNTY OF HAWAI`I
COUNTY COUNCIL ROLL CALL VOTE
County of Hawai`i AYES NOES ABS EX
Hilo, Hawai`i GALIMBA X
HUSTACE 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 January 22, 2025
KANEALI`I-KLEINFELDER X
KIERKIEWICZ X
ATTEST: KIMBALL X
ONISHI X
VILLEGAS X
8 0 1 0
Reference: C-71/GOEAC-12
Y CLERK CHAIRPERSON&PRESID OFFICER RESOLUTION NO. 49 25
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