HomeMy WebLinkAboutRES 185 Draft 02 2024-2026
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 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, on June 5, 2024, the County Council approved an additional Three Hundred Thousand Dollars ($300,000.00) for legal services rendered by Special Counsel; and
WHEREAS, it is anticipated that the current contract funds will be exhausted by
April 30, 2025 and the County is requesting an additional One Hundred Twenty Thousand Dollars ($120,000.00) for legal services rendered by Special Counsel; 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 One Hundred Twenty Thousand Dollars ($120,000.00) 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 Seven Hundred Twenty Thousand Dollars ($720,000.00).
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 ________________, 2025.
INTRODUCED BY:
_______________________________________
COUNCIL MEMBER, COUNTY OF HAWAI‘I
COUNTY COUNCIL
County of Hawai‘i
Hilo, Hawai‘i
ROLL CALL VOTE
AYES
NOES
ABS
EX
GALIMBA
HUSTACE
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
ONISHI
VILLEGAS
Reference:
COUNTY CLERK CHAIRPERSON & PRESIDING OFFICER
RESOLUTION NO.