HomeMy WebLinkAboutCOM 0842.000 2002-2004
+tr or e
Harry Kim 'y William Takaba
Mayor Director
Nancy E. Crawford
~ii~ ri•`` Deputy Director
1.0~•M~
County of Hawaii
Finance Department r
25 Aulmni Street, Room 118 • Hilo, Hawaii 96720
(808) 961-8234 • Fax (808) 961-8248
October 28, 2004
c-
Honorable James Arakaki, Chairperson and -
Members of the County Council
Hawai'i County Council
25 Aupuni Street
Hilo, Hawaii 96720
Re: Resolution Creating Position
Enclosed is a resolution creating a Deputy Corporation Counsel position for the Office of the Corporation
Counsel. The civil legal needs of the County will always be present and in this day of specialization in the
law and the increasing litigiousness of our society, the need for proper legal representation for the County
is a necessity. The costs of an attorney's position is far outweighed by the savings that each Deputy
Corporation Counsel will save the County in preventive risk assessment and the ability to properly defend
the County in litigation which will deter frivolous or questionable claims.
Although the Office of the Corporation Counsel has experienced increasing legal demands, they have not
utilized special counsel as was liberally done in the past, and have instead done the work "in house". The
addition of this position will mitigate the work load of all attorneys, allowing each attorney to focus on their
County clients by providing further training and updating out of date regulations, forms, contracts, etc.
They will also be able to address long-neglected important projects, such as risk management,
standardizing County contracts, and reviewing and updating department and County-wide policies and
procedures. The creation of this position should also allow the Office to specialize in needed areas such
as labor litigation and personnel law.
Due to the urgency of this matter, the Office of the Corporation Counsel would like to request a waiver
from the Finance committee and have this resolution heard at the Council meeting scheduled for
November 10, 2004.
If there are any questions, please do not hesitate to call the Office of the Corporation Counsel.
William T kaba
Director of Finance
APPROVED:
(,,ob
til Harry Kim
Mayor Q
Enc. Comm. No. U
cc: Corporation Counsel Ref. To:
Hawaii County is an Equal Opportunity Provider and Employer Ref. Vote,
Qer~. ~-(rS-Oy
REQUEST FOR ORGANIZATIONAL CHANGES AND/OR POSITION ACTIONS
TO: MANAGING DIRECTOR DATE: OCT 1 1 2004
FROM: DEPARTMENT: CORPORATION COUNSEL
DIVISION/BRANCH: ADMINISTRATION
REQUEST:
® NEW POSITION DER111V C-nRPnonTlJ2pj C:01I IS€6
TITLE PAY GRADE
? REALLOCATION
POS.NO. CURRENT TITLE PAY GRADE
PROPOSED TITLE PAY GRADE
? OTHER
(change in FTE. transfer, etc.) POS. NO. CURRENT TITLE PAY GRADE
COMMENTS:
The civil needs of the County will always be present. In this day of specialization in
the law and the increasing litigiousness of our society, the need for proper legal
representation for the County is a necessity.
The costs of an attorney's position is for outweighed by the savings that each Deputy
Corporation Counsel will save the County in preventive risk assessment and the ability to
properly defend the County in litigation which will deter frivolous or questionable claims.
OCT 1 1 2004 0,M----
DA I DEP
0 APPROVED O DISAPPROVED
MANAGING DIRECTOR DATE
DCS CP-005 (2193)(11193)(7107)
Depts/Civil Svc/MAR Personnel Forms/New Positions/Request for Org changes DCC position 10-8-04/LSAmr
NEW POSITION INFORMATION FORM
Department: CORPORATION COUNSEL Date: OCT t 1 1004
Division/Branch: ADMINISTRATION
# of Similar
Pay Fund Pos. in
Class Title Grade Sala Source Dept.
DEPUTY CORPORATION COUNSEL $ 78,108 010.131.5 11
131.01.01
1
1. Give reasons how new duties arose (statutes enacted, ordinances, newly
authorized programs, basis for increased workloads, etc.):
(1) We have experienced increasing legal demands. In addition to the increase in work
load, our office has not utilized special counsel as liberally in the past, and has done
the work "in house."
(2) Our goal is to maintain a more "pro-active" legal presence in the County for our
clients, including County-wide training of employees, the standardization of all County
contracts and documents.
(3) Another goal is to allow our attorneys to devote more time to their clients with the
hope of increasing their (the attorney's) participation in the decision-making process.
This will hopefully result in fewer claims against the County, and provide a means to
properly assess any risk that may be included in the implementation of the County
program and/or project desired by our departmental client.
2. Can new duties be assigned to existing positions or handled in other way such as short-term
contracts, etc.
Since this is a continuing duty and not related to a single project, the job workload would be
more suited to a full-time attorney rather than trying to contract these duties on a temporary
basis.
New Position Form
Page 2
3. How will new position increase the efficiency/effectiveness of operations? (Use productivity
measurements where possible.):
Additional attorneys will mitigate the work load of all attorneys, allowing each attorney to
focus on their County clients by providing further training and updating out of date
regulations, forms, contracts, etc.
Additional attorneys will allow us to address long-neglected important projects, such as risk
management, standardizing County contracts, and reviewing and updating department and
County-wide policies and procedures.
Additional attorneys will also allow us to specialize in needed areas such as labor litigation
and personnel law.
4. Alternatives that were considered in lieu of new position. (Have technological changes been
considered?)
Technological changes cannot supplant the job responsibilities of a County attorney.
5. Why were manpower needs not planned through budgetary process?
The needs of the County for legal representation have risen exponentially and the
Corporation Counsel's office has labored under manpower shortages in the previous non-
growth years. Many of the attorneys frequently put in uncompensated overtime to meet the
demands required to properly represent the County.
6. List other rationale or pertinent statements and data:
The civil legal needs of the County will always be present. In this day of specialization in the
law and the increasing litigiousness of our society, the need for proper legal representation
for the County is a necessity.
The costs of an attorney's position is far outweighed by the savings that each Deputy
Corporation Counsel will save the County in preventive risk assessment and the ability to
properly defend the County in litigation which will deter frivolous or questionable claims.
DCS CP-002 (2193)
Depts/Civil SvcJMAR Personnel Forms/CP-002, New Position Info DCC 10-8-04/LSAmr
OFFICE OF THE CORPORATION COUNSEL
County of Hawaii
Deputy Corporation Counsel
Position Description
Deputies Corporation Counsel are attorneys appointed by the Corporation
Counsel pursuant to Sections 4-5, and Sections 6-2.1, et. sea., Hawaii County
Charter.
Minimum Qualifications
Licensed to practice law in both state and federal courts of Hawaii, and in good
standing with the Hawaii Supreme Court.
Possession of a valid State of Hawai'i's driver's license (class 3), or an
equivalent license.
Job Requirements
1. Provide pro-active, prompt, and proficient legal support for the Office of
the Mayor, and all County departments, boards and commissions.
2. Represents in a pro-active, prompt, and proficient manner the Office of the
Mayor, all County departments, boards and commissions, and County
employees in all litigation matters within the course and scope of their
employment (with the exception of impeachment proceedings).
3. Interacts with clients, the public, and fellow employees professionally at all
times. Keeps abreast of recent developments in the law, displays a willingness
to learn, provide excellent service, and unqualifiedly support the vision and
mission of the office.
Depts/Civil Svs/Personnel Forms MAR/New Positions/PD for DCC/10-8-04/LSAmr
SOURCE OF FUNDS FOR NEW POSITION/REALLOCATION/CHANGE IN FTE
1. COMPUTATION OF FUNDS REQUIRED FOR POSITION NO. NEW (If no position number
indicate "new".)
a) New monthly salary $ 6,509.00
b) Present monthly salary specifically included in
FY 04-05 budget (If NOT BUDGETED, INDICATE -0-) $
C) Net funds required (Item "a" minus Item 'b") $
d) Remaining number of months in current fiscal year 9
e) Funds required in remainder of fiscal year
(Items "c" x Item "d") $ 58,581.00
2. AVAILABILITY OF FUNDS
a) What is the position's fund source (county, state, federal)? County
b) Funds are budgeted in account number:
C) Funds are available in account number: 010.131.5131.02-115
Transfer to account number: 010.131.5131.01.011
d) Request to transfer funds for reallocation:
From: 010-911-5911.70-341 Provision for Reallocation
Total Amount
To:
Account Number Account Title
I certify that the information is correct and funds are available, and that the funds may be used
for the classification action as requested.
jyv" - OCT I ! 2004
Department Head Date
DCS CP-004 (2193) Rev. 8194:8197
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JAMES Y. ARAKAKI AARON S.Y. CHUNG
Chairman & Presiding Officer LENINGRAD ELARIONOFF
FRED C. HOLSCHUH, M.D.
J. CURTIS TYLER, 111 BOB JACOBSON
Vice Chairman JOE REYNOLDS
n o. GARY SAFARIK
MICHAEL C. TULANG
HAWAII COUNTY COUNCIL
County of Hawaii
Hawaii County Building
25 Aupuni Street, Suite 209
Hilo, Hawai'i 96720
October 29, 2004
James Y. Arakaki, Chair
Hawaii County Council
25 Aupuni Street
Milo, Hawaii 96720
RE: Reso 265-04 Comm. No. 842 : Creating a Deputy Corporation Counsel
Position for the Office of the Corporation Counsel
Pursuant to Section I (g) of Rule 4 of the Rules of Procedure of the Council of the County of
Hawaii, this written request is submitted with my approval that the above-referenced matter be
waived from the Committee on Finance to the full Council for immediate action. In reviewing
this matter, timely approval is crucial. It is therefore advantageous that approval is granted and
the matter placed onto the next Council agenda for review. However, in the event this request is
denied, for whatever reason, I understand the matter shall be referred to the Committee on
Finance for placement on its future agenda.
inc el
Aaron S.Y. Chung, Chair
Committee on Finance
Approve /Date/Waive uncil: Disapproved/Date/Refer to FC:
James . Arakaki, Chair James Y. Arakaki, Chair
Ha i`i County Council Hawaii County Council
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