HomeMy WebLinkAboutRES 098 Draft 01 1996-1998
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COUNTY OF HAWAII
STATE OF HAWAII
RESOLUTION NO.
98 97
A RESOLUTION AUTHORIZING THE RETENTION OF SPECIAL COUNSEL BY
COUNTY OFFICIALS IN THEIR INDIVIDUAL CAPACITIES IN LAWSUITS RELATING
TO COUNTY CONTRACTS THAT ALLEGEDLY VIOLATE CIVIL SERVICE LAW
WHEREAS, Section 5-2.5 of the Hawaii County Charter, provides that, "The council
may, by two-thirds vote of its entire membership, authorize the employment of special counsel
for any special matter presenting a real necessity for such employment. Any such authorization
shall specify the compensation, if any, to be paid for said services."; and
WHEREAS, the State of Hawaii Supreme Court has issued an opinion in the case of
Konno vs. The County of Hawaii. Supreme Court No. 18203, declaring that personal services
customarily and primarily provided by civil servants, must be provided by civil servants, unless,
expressly exempted from the Civil Service Code, Hawaii Revised Statutes, Chapter 76, and that
a contract in violation of this principle is void as contrary to public policy; and
WHEREAS, there are a number of County contracts that County officials may in good
faith argue are valid and in compliance with the Konno opinion, but which may in good faith be
challenged as violating the principles of Konno; and
WHEREAS, County officials have already received letters threatening legal actions on
the basis of the Konno opinion; and
WHEREAS, in the Konno case, some County of Hawaii officials are being sued
individually for monetary damages; and
WHEREAS, when a County official is sued individually, the Department of the
Corporation Counsel may be precluded from representing the official due to a conflict of
interest, Rule 1.7 (b) of the Hawaii Rules of Professional Conduct.
NOW, THEREFORE, BE IT RESOL YED BY THE COUNCIL OF THE COUNTY OF
HAW All, that:
1) It is in the best interest of the County of Hawaii to defend contracts for personal
services that may in good faith be defended under the Konno opinion; and
2) Because of the importance of these personal services to the people of Hawaii
County, the doubt raised concerning their validity by the Konno opinion and the
threat of lawsuits, there is a real necessity to retain or employ special counsel; and
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3) The County Council, pursuant to Section 5-2.5 of the Hawaii County Charter, hereby
authorizes the retention of special counsel to represent County officials in their individual
capacities if they are sued relating to county contracts that allegedly violate civil service
law based on the Konno opinion, and where the Department of the Corporation Counsel
has a conflict of interest; and
4) The County officials shall work with the Office of the Corporation Counsel in the
selection and hiring of special counsel.
5) The special counsel shall be compensated at an hourly rate or rates consistent with
prevailing rates in the community for specified services to be rendered, and that the total
compensation shall not exceed $30,000.
BE IT FURTHER RESOLVED, that the Clerk of the County of Hawaii transmit certified
copies of this resolution to the Honorable Stephen K. Yamashiro, Mayor; Mr. Richard D.
Wurdeman, Corporation Counsel; and Mr. Harry Takahashi, Director of Finance.
Dated at Hilo, Hawaii this 2nd
day of June
1997.
COUNTY COUNCIL
County of Hawaii
Hilo, Hawaii
ROLL CALL VOTE
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COUNTY CLERK
AYES NOES ADS EX
ARAKAKI X
CHUNG X
LEITBEAD- TODD X
RAY X
REYNOLDS X
SANTANGELO X
SMITH X
TYLER X
YAGONG X
9 0 0 0
Hefe G-319
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I hereby certify that the foregoing RESOLUTION was by the
vote indicated to the right hereof adopted by the COUNCIL of the
County of Hawaii on June 2, 1997
AITEST:
> CHAIRMAN &; PRESIDING OFFICER RESOLUTION NO.
~ 98..97