HomeMy WebLinkAboutRES 478 Draft 01 1988-1992COUNTY OF HAWA#~;~ ;~~:;STATE OF HAWAII
RESOLUTION No
x'78 92
RESOLUTION AUTHORIZING RETENTION OF SPECIAL COUNSEL FOR
INITIATION OF DECLARATORY JUDGMENT ACTION IN CONNECTION WITH
VARIZE ~ GLOVER, ~ AL., CIVIL NO. 91-081
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 County of Hawaii, Account
No. 010-131-5131.10-115 for any special matter presenting a real
necessity for such employment pursuant to Article V,
Section 5-2.5 of the Hawaii County Charter; and
WHEREAS, pursuant to the discussion had in executive
session with the County Council on June 3, 1992, as to the
merits of the above-named case, and the merits of and strategy
involved in hiring special counsel Christopher Yuen, Esq., to
prosecute a declaratory judgment action against Argonaut
Insurance Company, the general liability insurance carrier for
Defendant Jas. W. Glover, Ltd., in the above-named case; and
WHEREAS, the County Council finds that there is a real
necessity for the employment of special counsel on the special
matter of the initiation and prosecution of a declaratory
judgment actioA as stated above;
NOW, THEREFORE be it resolved by the County Council of the
County of Hawaii:
1. That the Corporation Counsel shall be authorized to
eapend funds from Account No. 010-131-5131.10-115 for the
retention of Christopher Yuen, Esq., as special counsel for the
purposes set forth above, but subject to the conditions noted
below:
a. That the rate of compensation for Christopher Yuen,
Esq., shall be $110.00 per hour;
b. That special counsel shall make all efforts to secure
the reimbursement of his attorney's fees from the insurance
carrier in said declaratory judgment action.
2. That to the eatent allowed under laws governing
confidentiality and public
counsel's activities shall
Corporation Counsel, Board
within thirty (30) days of
work.
AND BE IT FURTHER REST
records, a report
be filed with the
of Ethics and the
special counsel's
~LVED that the Cou
of special
Office of the
County Council
completion of his
my Council retains
such power and authority to amend this resolution or to take
such other action regarding special counsel for the declaratory
judgment action in connection with the above-named case as it
may deem reasonable and appropriate from time to time, including
-Z-
0
the amendment in whole or in part of this resolution.
Dated at Hilo, Hawaii, this 1st day of July 1992.
COUNTY OF HAWAII
COUNTY COUNCIL
County of Hawaii
Hilo, Hawaii
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 July 1 1992
ATTEST:
ROLL CALL VOTE
AYES NOES ABS EX
ARAKAKI X
DE LIMA X
DOMINGO X
HALE X
LAI X
MAKUAKANE
RUDDLE
SCHUTI'E X
g 0
Reference C-3858
COUNTY CLERK CHAIRMAN & PRESIDING OFFICER RESOLUTION NO. ~"y8 .9iL