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HomeMy WebLinkAboutCOM 0717.002 2004-2006 Lincoln S.T. Ashida `~~~1. Corporation Counsel Harry Kim Mayor GeraldTakase Assistant Corporation • ~1~ p•NI~Mr Counsel COUNTY OF HAWAII OFFICE OF THE CORPORATION COUNSEL 101 Aupuni Street, Suite 325 Hilo, Hawaii 98720-4282 (808) 961-8251 Fax (BOB) 961-8622 February 27, 2006 Sent via email on 2-27-06: no hard copv will follow Honorable Stacy 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: Cost of Government Commission-Recommendations from 2002 Commission and Implementation by Corporation Counsel The attached report submitted to the Managing Director may be helpful for the Hawaii County Council when they evaluate the fiscal year 2006-07 budget for the Office of the Corporation Counsel in late March 2006. During the confirmation of the 2006 Cost of Government Commission, the minutes of the Council meeting reveal concern on the part of some Council members regarding the lack of implementation of recommendations made by the Cost of Government Commission of 2002. Please contact me if you have specific questions or concerns regarding this matter. Very truly yours, "U~' LINCOLN S. T. ASHIDA Corporation Counsel Encl. S: DepartmenlslCouncillLSA Corresp.ILetter to Council re COG Commission recommendations 2-27-06/LSAmr Hawaii County is an Equal Opportunity Employer and Provider Comm. No. ' Ref. 70: Rsf. Uate "+y~ Lincoln S.T. Ashida ~ • Corporation Counsel Harry Kim Mayor Gerald Takase j.r Assistant Corporation yh•':'w;.?. Counsel COUNTY OF HAWAII OFFICE OF THE CORPORATION COUNSEL 101 Aupuni Street, Suite 325 Hlb, Hawaii 98720-4282 • (808) 961-8251 Fax (808)981-8822 February 27, 2006 Emailed on 2-27-06: no hard copv will follow Honorable Dixie Kaetsu Managing Director, County of Hawaii 25 Aupuni St. Hilo, HI 96720 Dear Ms. Kaetsu: RE: Corporation Counsel report on recommendations by 2002 Cost of Government Commission Pursuant to your request, the following report is submitted in response to recommendations made by the 2002 Cost of Government Commission (recommendations of the Commission are reproduced below in bold print): 1. The Office should continue to refine its risk management program in order to further reduce the risks of litigation, and continue its efforts to add staff and resources In order to more effectively provide preventive legal services to County agencies. Rationale: The cliche, "An ounce of prevention is worth a pound of cure," is especially apt with respect to the provision of legal services. Awareness of the legal issues associated with various activities and situations can significantly reduce the County's risk exposure. By assigning an attorney to serve as the "primary" counsel for each County agency, the Office fosters greater reliance on legal advice before actions are taken, thereby minimizing exposure to risk and maximizing monetary savings. The recommendation has been implemented. The Corporation Counsel spearheaded and coordinated an effort by all County departments to review the County's existing risk management program. As a result of this effort, the County created a Risk Management Division in the Department of Finance. We are happy to report this position was recently filled, Nawai'i County is an Equal Opportunity Employer and Provider Honorable Dixie Kaetsu February 27, 2006 Page 2 and Hawaii County's first official risk manager will begin employment on April 1, 2006. The Corporation Counsel has committed to working with the Risk Management Division to further implement a comprehensive risk management program for our County. To this end, our attorneys will continue to examine and evaluate areas of risk within their client departments and make recommendations thereon, for the purpose of sharing data and recommendations with the Risk Management Division. The Corporation Counsel has increased the frequency and scope of training offered our client departments and County personnel over the past few years. Our latest aggressive project envisions the delivery of college-level instruction in civil rights and constitutional law to Hawaii County Police Department ranking field officers. Deputy Corporation Counsel Michael Udovic, an instructor at the University of Hawaii at Hilo and the Hawaii Community College, is finalizing our initial course outline and syllabus. 2. The Office should continue efforts to create an office manager position. Rationale: An office manager will relieve attorneys from time- consuming staff management responsibilities, allowing them to concentrate on legal matters, and enhance support staff efficiency. The recommendation has been implemented. In January 2003, after working with the Department of Civil Service and through reallocations of existing positions, our office "created" an office manager position, by reallocating our Supervising Legal Clerk I to a Supervising Legal Clerk II (SLC II). The SLC II oversees all support staff in all divisions of our office, including our Family Support Division offices in Hllo and Kona. The SLC II tasks have included refinement of our records management system (BRAIN), assisting in personnel issues, leading our website creation team, participating in our document imaging core group (our office will implement new document imaging software in April 2006), as well as other ongoing projects and intervention with Family Support Division systems and personnel issues. The introduction of our office manager was accomplished without creating a new position (i.e., we simply adjusted our existing staff), and with a very minimal increase in our salaries and wages account in our annual budget. Honorable Dixie Kaetsu February 27, 2006 Page 3 3. The Office should, if necessary, recommend legislation that assigns liability for litigation losses to the responsible County agency. Rationale: Making County agencies responsible for litigation losses will enhance agency awareness of and sensitivity to risks, and give great Incentive to minimize risk. This recommendation has not been implemented. This has not surfaced as a significant area of concern for our office, as we are proud to report the attorneys in our Litigation Division have saved the County significant expense by getting many lawsuits and claims dismissed in court through summary judgment motions. Consequently, there has not been significant strain placed on our office settlement account, nor inordinate demands placed on the County's self-insurance fund. This is not to suggest the County has not paid out significant sums of money in court judgments. There have been a number of cases where simply put, the County was found at fault, and we have accordingly paid.' Further, our fellow County departments are not reckless with respect to their activities, so there has not been a need for us to examine implementing an "incentive" as provided in the above recommendation. 4. The Office should reconsider the practice of periodically and routinely reassigning secretarial staff to different departments and agencies. Rationale: Although routine, periodic reassignment of attorneys may be appropriate to afford staff counsel with valuable experience in dealing with varied legal issues, similar reassignment of secretaries can result in loss of efficiency and continuity for the "cilent" department or agency. The recommendation has been implemented. With the exception of reassignments occasioned by the introduction of new legal clerks, very minimal "shuffling" has occurred over the past few years. A significant move by our office has been assigning each legal clerk one litigation division attorney and one advisory division attorney. This has provided ' In every one of these major cases, post-trial briefings with affected departments are wnducted as part of the risk management process to ensure problems are corrected and steps taken to avoid a subsequent recurrence. This has included revisions of Police general orders, additional training for County personnel, and other remedial activity. Honorable Dixie Kaetsu February 27, 2006 Page 4 cross-training for our support staff, and a global recognition and appreciation of the myriad of legal services provided by the Corporation Counsel. The present stability of attorney and legal clerk assignments has resulted in the fostering of efficient attorney/secretary relationships, and trust and reliability on the part of our clients when contacting either their assigned attorney ortheir assigned legal clerk. In sum, the reassignment of attorneys and secretaries are now done out of need, and not a product of routine. Thank you for allowing us this opportunity to provide a response to the recommendations made by the 2002 Cost of Government Commission. If you require further information or documentation, please feel free to contact me. Very truly yours, 01~' LINCOLN S. T. ASHIDA Corporation Counsel S: DeparimentslMayor/LSA Corresp.lletler to MD re COG Commiss'an rewmmentlallons 2-24-O6ILSAmr