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KENNETH G. GOODENOW <br />County Clerk <br />Moiling Address: <br />(Farmer County Building) <br />25 Aupuni Street <br />Hilo, Hawaii 96720 <br />County of Hawai `i <br />Office of the County Clerk <br />Telephone. (808) 961-8255 Facsimile: (808) 961-8912 <br />RODNEY OSHIRO <br />Deputy County Clerk <br />Business Address: <br />333 Klauea Avenue, Second Floor <br />Ben Franklin Building <br />Hilo, Hawaii 96720 <br /> i~ <br /> <br />L1 ~^• T <br />rT! <br />...~ S <br /> ~" N ~r•' <br />To: J Yoshimoto, Council Chair `'° <br /> and Members of the Hawaii County Council -~ <br />.,~ ~ <br /> , 3 <br /> ~~ '~ ~ <br />From: f <br />Kenneth G. Goodenow, County Clerk <br />! ~ _~? o <br /> $ <br />~' cJ'I <br />Date: February 23, 2009 _ ° <br />Re: Resolution 60-09 <br /> Glenn Schmedes vs. Kelly Moniz, et. al., Civil No CV08-00331 <br />Glenn Schmedes vs. Kelly Moniz, et. al., Civil No CV08-00331, was discussed by the Council in <br />executive session on January 7, 2009. Following the executive session, the Council voted to <br />concur with the recommendation of Corporation Counsel and subsequently Resolution 60-09 <br />was sent by the Office of Corporation Counsel for placement on the March 3, 2009, Agenda. <br />Afrer discussing this matter with Deputy Corporation Counsel Michael J. Udovic, it is my <br />opinion that the Council may or may not need to hold an executive session in connection with <br />Resolution 60-09 and Schmedes vs. Moniz, et. al. Therefore, in an abundance of caution, 1 am <br />requesting that this communication be placed on the March 3, 2009, Agenda under Executive <br />Session, since it is reasonable to anticipate that the Council may need to hold an executive <br />session closed to the public pursuant to Hawaii Revised Statutes § 92-5(4) to consult with the <br />board's attorney on questions and issues pertaining to the board's powers, duties, privileges, <br />immunities, and liabilities regarding Resolution 60-09 and the above-referenced civil matter. <br />Serving the Interests of the People of Our Island <br />Hawaii County is an Equa[ Opportunity Provider and Employer <br />Comm. No. ~ ~~~ <br />Ref. To: <br />Ref. Uate FFB 23 20 <br />