HomeMy WebLinkAboutCOM 0724.001 2004-2006 ~~Y O•M~ Lincoln S.T. Ashida
`9't-~ ~ • ~ •9 Corporation Counsel
Harry Kim '
Mayor • ~ Gerald Takase
:,•r ro Assistant Corporation
n•„•;,.+' Counsel
COUNTY OF HAWAII
OFFICE OF THE CORPORATION COUNSEL
101 Aupuni Street, Suite 325 Hilo, Hawaii 967204262. (608) 961-8251 Fax (808) 961-8622
March 3, 2006
Sent via email on 3-3-06: no hard copv 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
Thank you for agreeing to amend the Hawaii County Council's agenda for
its March 1, 2006, meeting, and for concurring with our recommendations
concerning the County of Hawai'i's portion of the possible settlement of the
above case.
Based on concerns raised by a reporter this past Wednesday regarding
the Council's action in amending the meeting agenda, I contacted Office of
Information Practices Director Leslie H. Kondo, and provided him information in
camera (including a copy of Deputy Corporation Counsel's substantive letter to
you relative to this case) concerning the content and scope of our discussion with
the Council on Wednesday. Mr. Kondo indicated that based on my
representation, the Council's amendment to its agenda pursuant to Section 92-
7(4), Hawaii Revised Statutes, to include the Council's consideration of the
settlement offer was not strictly prohibited.
While he could not provide a definitive opinion without an opportunity to
more thoroughly consider and perhaps research the issue, Mr. Kondo conveyed
his belief that the Council's basis for amending the agenda, as explained to him,
was reasoned and appeared to be based upon a good faith interpretation of the
statute.
We again thank the Council for entertaining and acting upon our request.
Hawaii County is an Equal Opportunity Employer and Provider , L
Comm. tJo. 7 ~-`f
Ref. To:
Ref. Uate
Honorable Stacy K. Higa and Members of the
Hawaii County Council
March 3, 2006
Page 2
Pursuant to HRS Section 92-5(x)(4), we respectfully ask the above case
be again agendized for discussion with the Council in executive session at its
meeting on March 22, 2006. We again contemplate discussion on questions and
issues pertaining to the Council's powers, duties, privileges, immunities, and
liabilities.
It is expected 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
Honorable Leslie H. Kondo, Director, Office of Information Practices
S: Litigation/CceansidelCorresD.lLetter to Council requesting executive session 3-2-06lLSAmr