HomeMy WebLinkAboutRES 469 Draft 01 1988-1992COUNTY OF HAWAII:: <STATE OF HAWAII
RESOLUTION No. 469 92
RESOLUTION AUTHORIZING RETENTION OF SPECIAL COUNSEL FOR BOARD OF
ETHICS IN DESIGNATED INSTANCES
WHEREAS, Article V, Section 5-2.5 of the Hawaii County
Charter requires approval of at least two-thirds of the County
Council for the retention of special counsel and the
establishment of the terms and conditions of retention; and
WHEREAS, the County Council has appropriated sums to the
Corporation Counsel to pay such special counsel as may be
retained to represent the Board of Ethics, Account
No. 010-131-5131.25-115, in instances where the Corporation
Counsel, being obligated to represent the employees, officials
and county's interests in proceedings before the Board of
Ethics, may be unable to represent said employees, officials and
county and the Board of Ethics at the same time; and
WHEREAS, in 1991-1992, the County Council created Account
No. 010-131-5131.25-115 to permit the resolution of conflict of
interest cases on an expedited basis by having an appropriation
therefor, and the Corporation Counsel created a method of
creating a list of interested attorneys and the terms and
conditions of their retention; and
WHEREAS, there remains a need to clarify the specific steps
which should be taken for the selection, compensation and
assignment of any such special counsel;
NOW, THEREFORE be it resolved by the County Council of the
County of Hawaii:
1. That the Corporation Counsel shall be authorized to
expend funds from Account No. 010-131-5131.25-115 for the
retention of special counsel, but subject to the conditions
noted below:
a. That the Corporation Counsel shall, at the beginning
of fiscal year 1992-1993, prepare a list of interested and
qualified attorneys who are willing to serve as special counsel
to the Board of Ethics in instances where the Corporation
Counsel shall be disqualified due to a conflict of position or
conflict in interest, and shall submit the list of interested
and qualified attorneys licensed to practice law and having a
practice in the County of Hawaii to the County Council on or
before September 1, 1992; and
b. That the terms and conditions of such retention shall
be as set forth in the attached Exhibit A which is incorporated
and made a part hereof; and
c. That prior to the retention of any special counsel for
the Board of Ethics, Corporation Counsel and the Chairman of the
Board of Ethics shall notify the Chairman and Members of the
County Council of the Board's intent to select special counsel,
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the reason for such selection, the limits and scope of the
person's work and authority, the maximum compensation estimated
and the estimated amount of work involved and fee; and
2. That no special counsel to the Board of Ethics shall
be retained hereunder where the estimated amount of compensation
may exceed the sum of $ in which case the retention
and approval of such special counsel, and the compensation
therefor, shall be the subject of a special resolution of the
County Council; and
3. That to the extent allowed under laws governing
confidentiality and public records, a report of special
counsel's activities shall be filed with the Office of
Corporation Counsel, Board of Ethics and the County Council
within thirty days of special counsel's completion of his or her
work;
AND BE IT FURTHER RESOLVED that in determining whether a
conflict of interest or such other circumstances are present
which require the services of special counsel for the Board of
Ethics in any given instance, the Chairman of the Board of
Ethics and Corporation Counsel shall present a written statement
of the facts and circumstances which underlie the Board of
Ethics' request for special counsel and shall submit the same to
the Mayor and to the Chairman of the County Council.
AND BE IT FURTHER RESOLVED that the County Council retains
such power and authority to amend this resolution or to take
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such other action regarding special counsel for the Board of
Ethics as it may deem reasonable and appropriate from time to
time, including the amendment in whole or in part of this
resolution.
I
BY:
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COUNCIL MEMBER, COUNTY OF HAWAII
COUNTY COUNCIL
County of Hawaii
Hilo, Hawaii
I hereby certify that the foregoing RpESOLyUTION wee by
the vote indicated to the right hJulVdopted 19 9 2 COUNCIL
of the County of Hawaii on l
ATTEST:
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QOUNTY CLERK CHAIRMAN & _ -.ESIDING OFFICER
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ROLL CALL VOTE
I I AYES I NOES I ABS I EX I
Reference C-3848/FG-578
RESOLUTIO2 J. 469 9iZ