HomeMy WebLinkAboutCOM 1267.000 2006-2008
o •
«tr w w Lincoln S.T. Ashida
Hang Kim Corporation Counsel
Mayor
Gerald Takase
Assistant Corporation
o:'«?" Counsel
COUNTY OF HAWAII
OFFICE OF THE CORPORATION COUNSEL
101 Aupuni Street, Suite 325 • Hilo, Hawaii 96720-4262 • (808) 961-8251 • Fax (808) 961-82 -c ' FV'
April 21, 2008
I TI
Sent via email; no hard copy will follow . `
Honorable Pete Hoffmann and Members of the
Hawai'i County Council
333 Kilauea Ave., 2nd Floor
Hilo, HI 96720
Dear Chairman Hoffmann and Council Members:
RE: Melissa M. Chang v. County of Hawaii, Hawaii County Council
EEOC No. 3713-2007-00006
This communication responds to Council Member Dominic Yagong's letter
dated April 17, 2008 (enclosed for reference purposes) requesting an executive
session in the above case.
We have reviewed Rule 1.4 of the Hawaii Rules of Professional Conduct,
which provides in pertinent part as follows:
Rule 1.4. COMMUNICATION.
(a) A lawyer shall keep a client reasonably informed about the status of a matter and
promptly comply with reasonable requests for information.
In the above case, we note both the County of Hawaii and Hawaii County
Council were named as respondents. For this reason, Mr. Yagong's request for
information is within the purview of the requirements of Rule 1.4, since we
determine both the County and Council as clients. As an aside, we note the
commentary to Rule 1.4 provides as follows:
Withholding Information
[4] Rules or court orders governing litigation may provide that information supplied to
a lawyer may not be disclosed to the client. Rule 3.4(e) directs compliance with such
rules or orders.
We conclude, however, the order of the Federal Administrative Judge in
the above case sealing the records at the request of the complainant was
intended to protect sensitive information from dissemination to the general public, ' Z
Hawaii County is an Equal Opportunity Employer and Provider COWL Nm
_ 0 k
Ref. To..
Ref. Duts -mAY 2 7 ~ttt1R F
Honorable Pete Hoffmann and Members of the
Hawaii County Council
April 21, 2008
Page 2
and was not intended to preclude our attorneys from disclosing or discussing with
the Council salient matters related to this case.
If the Council Chair, as the person responsible for the setting of Council
agendas, concurs that an executive meeting is necessary as requested by Mr.
Yagong, please take the necessary steps in order to agendize the above case
before the full Council for attorney-client privileged discussion pursuant to
Sections 92-4 and 92-5, Hawaii Revised Statutes, as amended. The next
Council meeting where this matter may be scheduled is May 7, 2008.
Unfortunately, I am scheduled to be on the mainland attending an American Bar
Association conference on Access to Justice during that week. I will be able to
attend the Council's next meeting on May 20, 2008.
Similarly, Deputy Corporation Counsel Joseph Kamelamela, who served
as lead counsel for the County in this case, will be on Oahu during the week of
May 7, 2008, in mediation in a federal court case involving our County. Thus, Mr.
Kamelamela will similarly not be able to attend an executive meeting with the
Council on May 7, 2008.
At present, I can represent the deadline for the filing by the County of an
appeal in this matter is May 5, 2008 (prior to the Council's next meeting). As is
our standard practice, our office routinely files appeals in both judicial and
administrative cases where there has been an adverse decision against the
County. We will be filing a notice of appeal in this case. This does not foreclose
the ability of the County to negotiate a settlement or abandon the appeal, if it is
later determined such action is warranted.
Upon consideration of these matters, please advise our office whether the
Council would like an executive meeting concerning this case, and if so, when it
would like to schedule this meeting. If the Council wishes to discuss this case on
May 7, 1 will not be able to personally appear, but will make arrangements for
other attorneys from our office to appear in my stead.
Thank you for your kind attention to this matter.
Very truly yours,
LINCOLN S. T. ASHIDA
Corporation Counsel
Encl.
S: Labor/EEOC/Chang/Letter to Council4-21-08/LSAmr
04/18/2008 13:46 3265697 KCO PAGE 01 L G
} Phone: (808) 961.83$8
Dominic YOM ~ Fax: (808) 961-1912
Coundhnvnber Emdb dyar%1@W.howaith1.us
Dishid grH4NOkW
AuTlurrCOUN7YCOUNCLE .
ccuro of Hawal'i
ftawal7 County d 01ding
25 Aupol St-f
April 17, 2008
Mr. Lincoln Aslilda, Corporation Counsel
101 Aupuni Street
Hiln, Hawai'i 96720
Aloha Mr. Ashida,
The Hawaii Tribune Herald reported that. "County Councilmember Stacy Riga's alleged sexual advances
toward an employee will cost Hawaii ('.runty 5272.000:' The report went onto say that the Luling of a
federal administrative law judge, who said that the county is liable for allowing a hostile work environment
due to Higa's alleged sexual harassment of his legislative aide."
West Hawaii Today reported that "if the county has been ordered to pay Chang $272,000, Hip said he
would like to sec a copy of the canceled chock." This seems to indieste that no such ruling $272,000
awas the
payment by the County was issued by the courts. This is very confusing for the general publie
sitting county council that is responsible for all financial expenditures of the County.
I believe that it is unfair to the public, the council, as well as W. Riga and others if this matter is not clear
and transparent. As Chairman of the Finance Commit me, I have bmii askod by the public to separate fact
from fiction when it comes to the alleged financial payment. The reported court order of $272,000 needs to
be confirntod or denied by the County e isof Hautaii. bursernent. If the. coitnty has been fod to be
c
If no such court order hag been levied, then the public
we should have an accounting of
should be notified and apologies due to Mr. Oga and others from the news media,.
I believe that we should convene an executive session to cleat the air and determine to what extent, if any, is
befo hair an so that we can put this matter
the County liable. Please arrange a session through our Counoil
behind us and get on with so many important County matters we?rmose 1Uoha,
Uyyt~,
Dominic Yagong
Councilmeniber
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