HomeMy WebLinkAboutCOM 0724.000 2004-2006 Lincoln S.T. Ashida
l . Corporation Counsel
Harry Kim
Mayor
Gerald Takase
Assistant Corporation
ti'e;'w. Counsel
COUNTY OF HAWAII
OFFICE OF THE CORPORATION COUNSEL
101 Aupuni Street, Suite 325 Hllo, Hawaii 96720-4262 (80B) 961-8251 Fax (808) 981-8822
February 23, 2006
Sent via email on 2-23-06: no hard coot/ will follow
Honorable Stay K. Higa and Members of the
Hawaii County Council
County of Hawaii
25 Aupuni St.
Hilo, HI 96720
Dear Chairman Higa and Council Members:
RE: Kelly, et. al. v. 1250 Oceanside Partners, et. al.
CIV. NO. 00-01-0192K
Pursuant to Section 92-7(d), Hawai'i Revised Statutes, as amended
(hereinafter "HRS")1, the Office of the Corporation Counsel respectfully requests
the above case be added by 2/3 vote to the agenda of the March 1, 2006,
meeting of the Hawaii County Council.
We further request this case be then agendized for discussion with the
Council in executive session, pursuant to HRS Section 92-5(a)(4), as we
contemplate discussion on questions and issues pertaining to the Council's
powers, duties, privileges, immunities, and liabilities.
This request is made for the reason there is the possibility of settlement of
all claims in this lawsuit, and the Corporation Counsel seeks the Council's
consent to enter into such a settlement. Further, time is of the essence, as the
parties are working under restrictive deadlines.
HRS Section 92-7(d) provides as follows:
No board shall change the agenda, once filed, by adding items thereto without atwo-
thirds recorded vote of all members to which the board is entitled; provided that no item
shall be added to the agenda if it is of reasonably major importance and action thereon
by the board will affect a significant number of persons. Items of reasonably major
importance not decided at a scheduled meeting shall be considered only at a meeting
continued to a reasonable day and time.
Hawaii County is an Equal Opportunity Employer and Provider
Comm. hlo. ~ Z~
Ref. To:
Ref. L'ote ~
Honorable Stacy K. Higa and Members of the
Hawaii County Council
February 23, 2006
Page 2
It is expected that the above-mentioned discussion in executive session
will include divulging the attorney work product of the Corporation Counsel.
Pursuant to our Sunshine Law (HRS Chapter 92), any vote on matters discussed
and proposed in executive session will be conducted at an open meeting of the
Council.
Thank you for considering this request.
Very truly yours,
LINCOLN S. T. ASHIDA
Corporation Counsel
c: Honorable Harry Kim, Mayor
S: Litigation/OceansidelCOrtesp./Lever to Council requesting amentlment to agenda 2-23-O6ILSAmr