HomeMy WebLinkAboutCOM 0461.001 2004-2006 Lincoln S.~. Ashida
< Corporation Counsel
Harry Kim < ;
Mayor
Gerald ukase
,.~g~p~ Assistant Corporation
Counsel
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COUI~t'T'~ O I~VVA,I`I
101 Aupuni S4reei, $L';2 32B t~iio, Hat~r~>i 96720-4262 • $08) 961-8251 Fax (808) 961-8622
October 19, 2005
I°lonorablo Flarry Kim
Mayor, County of ~4awai' i
25 l~upuni St.
I/ilo, R4 96720
~J6°lonorable Stacy K. I•--Figs and Marnbars of the
Hawaii County Council
County of 6~awai'i
25 Aupuni St.
Hilo, h~l 96720
®ear Mayor Kim, Council Chair Higa, and Council Members:
P~titi~n fir tm~eachmer~t
Oar try €~~a: '~F~C €t5~'~040~4
On Friday, October 2005:, a woman representing Roger Christie
appeared at our office, attempting to serve upon ~€~r office eight copies of a
Petition for Impeachment of the l`~ayor and- eight pitting Council members. Since
our once is prohibited by la~v from representing. the Mayor and Council members
in impeachment proceedings, I refused service.
However, since she expressed that she wad getting "the runaround," I
volunteered to contact each impacted Council member to see whether you would
like our offico to recei~~e seFVice of e petition. I eiieve the woman felt she was
getting "the runaround since she wars informed by an employee at the Council
office shat the Corporation Counsel ,receives service of process on behalf of
Council members in a`i lawsuits. This is generally true, with the exception of
pleadings related to impeachment proceedings. Since this is a very rare
occurrence, no doubt this ~~Yas the source of the innocent confusion.
The attached email was sent to each of you for your information.
On Tuesday, October 18, 2005, I telephonically contacted Mr. Christie,
and informed him that it may be better for him to retrieve the service copies of the
~
Mawai'i County is an Equal Opportunity Employer and Provider ' "
f T~~
Honorable Harry Kim
Honorable Stacy K. Higa and Members of the
Hawaii County Council
October 19, 2005
Page 2
petition, and attempt to serve each of you pursuant to Court rule.' Mr. Christie
came to our office on Wednesday, October 19, 2005, and retrieved the eight (8)
service copies previously left with our office. It is our expectation he will attempt
service upon the eight Council members in the near future.
This letter is submitted for your information.
Again, if you have any general questions concerning this matter, please
feel free to contact me.
Very truiy yours,
LINCOLN S. T. ASHIDA
Corporation Counsel
Encl.
S: Departments/Council/LSA Misc./Letter re Impeachment 10-19-051LSAmr
Mr. Christie previously informed me that Mayor Harry Kim had received personal service of his
copy of the Petition for Impeachment.
Page 1 of 2
Ashida, Lincoln
From: Ashida, Lincoln
Sent: Friday, October 14, 2005 3:06 PM
To; Hoffmann, Pete; Pilago, K. Angel; Isbell, Virginia; Higa, Stacy; Arakaki, James; Safarik, Gary;
Ikeda, Donald; Holschuh, Fred
Cc: Rodillas, Martha; Takase, Gerald; Kamelamela, Joseph; Garcon, Kathy; Minor, Cathy; Kiriu,
Connie; Kaetsu, Dixie; Smith, William; Freitas, Harry; Masuda, Craig; Gonzalez, Brandon;
Leithead-Todd, Bobby Jean; Self, Amy; Udovic, Michael; O'Toole, Patricia; Noda, Diane;
Torigoe, Ivan; Hasegawa, Geraldine; Lockett, Randal; Ochi, Myra
Subject: Impeachment petition
Importance: High
Tracking: Recipient Delivery Read
Hoffmann, Pe[e Read: 10/19/2005 9:19 AM
Pilago, K. Angel Dele[ed: 10/18/2005 5:58 PM
Isbell, Virginia Read: 10/14/2005 8:19 PM
Higa, Stacy
Arakaki, lames
Safarik, Gary
Ikeda, Donald
Holschuh, Fred
Rodillas, Martha Delivered: 10/14/2005 2:59 PM
Takase, Gerald Delivered: 10/14/2005 2:59 PM Read: 10/17/2005 1:52 PM
Kamelamela, Joseph Delivered: 10/14/2005 2:59 PM Read: 10/17/2005 10:16 AM
Garcon, Kathy Delivered: 10/14/2005 2:59 PM
Minor, Cathy Delivered: 10/14/2005 2:59 PM Read: 10/14/2005 3:09 PM
Kiriu, Connie
Kaetsu, Dixie
Smith, William Read: 10/14(2005 3:25 PM
Freitas, Harry Delivered: 10/14/2005 2:59 PM Read: 10/17/2005 10:09 AM
Masuda, Craig Delivered: 10/14/2005 2:59 PM
Gonzalez, Brandon Delivered: 10/14/2005 2:59 PM
Leithead-TOdd, Bobby Jean Delivered: 10/14/2005 2:59 PM
Self, Amy Delivered: 10/14/2005 2:59 PM Read: 10/14/2005 3:10 PM
Udovic, Michael Delivered: 10/14/2005 2:59 PM Read: 10/14/2005 3:21 PM
O'Toole, Patricia Delivered: 10/14/2005 2:59 PM
Noda, Diane Delivered: 10/14/2005 2:59 PM Read: 10/14/2005 4:03 PM
Torigoe, Ivan Delivered: 10/14/2005 2:59 PM
Hasegawa, Geraldine Read: 10/17/2005 3:32 PM
Cockett, Randal Read: 10/18/2005 3:16 PM
Ochi, Myra Delivered: 10/14/2005 2:59 PM Read: i0/14/2005 3:15 PM
Carvalho, Kamomihoohiki Read: 10/14/2005 3:41 PM
Murashige, Laura Read: 10/14/2005 3:42 PM
Whittington, Noelani Read: 10/14/2005 3:43 PM
10/19/2005
Page 2 of 2
Eoff, Karen Read: 10/14/2005 4:02 PM
Paris, Charlotte Read: 10/17/2005 8:02 AM
Chang, Melissa Read: 10/17/2005 8:22 AM
Germano, Loren Read: 10/17/2005 8:22 AM
Council Members:
Late this morning, Roger Christie's representative came to our office at the Hilo Lagoon Centre to "serve" us your
service copies of the Petition for Impeachment. I did not sign any receipt, since we are legally prohibited from
representing you in this action. Apparently, a representative at the Council office instructed her to come to our
office and serve us. Not aproblem-Council staff is very used to sending people to our office for service, so that
was an honest misunderstanding (impeachment proceedings are rare).
I called Roger, and explained that I could not legally accept service of process. He understood, and offered to
come to our office to pick up all eight copies. I told Roger that I would contact each of you, and ask whether you
would simply like to receive your service copy from our office. We would ask that a receipt be signed showing
date and time, and that would evidence when the 20 days begins for purposes of filing an answer. Of course, he
understands this is completely voluntary on your part; you may require him to serve you personally through
conventional means. I simply offered this process, since it is very likely you will be served in the near future, and
this way, you could prepare for receipt of the document.
Please let me know ASAP how you would like me to proceed. If 1 do not hear from you by 4:30 p.m. on Monday,
October 17, 2005, 1 will contact Roger and arrange to have your Petition returned to him, so he can proceed with
proper service on you. Please email or call me if you have any questions.
Thank you,
Lincoln
Lincoln S. T. Ashida
Corporation Counsel
County of Hawai' i
Hilo Lagoon Centre, Suite 325
101 Aupuni Street
Hilo, Hawaii 96720
Tel. (808) 961-8304, ext. 118
FAX (808) 961-8622
E-mail: Lashida@co.hawaii.hi.us
10/19/2005