HomeMy WebLinkAboutCOM 0178.001 2008-2010KENNETH G. GOODENOW
County Clerk
Moiling Address:
(Farmer County Building)
25 Aupuni Street
Hilo, Hawaii 96720
County of Hawai `i
Office of the County Clerk
Telephone. (808) 961-8255 Facsimile: (808) 961-8912
RODNEY OSHIRO
Deputy County Clerk
Business Address:
333 Klauea Avenue, Second Floor
Ben Franklin Building
Hilo, Hawaii 96720
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To: J Yoshimoto, Council Chair `'°
and Members of the Hawaii County Council -~
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From: f
Kenneth G. Goodenow, County Clerk
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Date: February 23, 2009 _ °
Re: Resolution 60-09
Glenn Schmedes vs. Kelly Moniz, et. al., Civil No CV08-00331
Glenn Schmedes vs. Kelly Moniz, et. al., Civil No CV08-00331, was discussed by the Council in
executive session on January 7, 2009. Following the executive session, the Council voted to
concur with the recommendation of Corporation Counsel and subsequently Resolution 60-09
was sent by the Office of Corporation Counsel for placement on the March 3, 2009, Agenda.
Afrer discussing this matter with Deputy Corporation Counsel Michael J. Udovic, it is my
opinion that the Council may or may not need to hold an executive session in connection with
Resolution 60-09 and Schmedes vs. Moniz, et. al. Therefore, in an abundance of caution, 1 am
requesting that this communication be placed on the March 3, 2009, Agenda under Executive
Session, since it is reasonable to anticipate that the Council may need to hold an executive
session closed to the public pursuant to Hawaii Revised Statutes § 92-5(4) to consult with the
board's attorney on questions and issues pertaining to the board's powers, duties, privileges,
immunities, and liabilities regarding Resolution 60-09 and the above-referenced civil matter.
Serving the Interests of the People of Our Island
Hawaii County is an Equa[ Opportunity Provider and Employer
Comm. No. ~ ~~~
Ref. To:
Ref. Uate FFB 23 20