HomeMy WebLinkAboutCOM 0687.000 2012-2014 J Yoshimoto qF N'' Telephone: (808)961-8272
'., Facsimile: (808)961-8912
Chair& Presiding Officer `p \14.,�6
Council District 2 ,� �.�..�; ��;� Email:jyoshimoto @co.hawaii.hi.us
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HAWAI'I COUNTY COUNCIL
Office of the County Clerk
County of Hawai`i
25 Aupuni Street
Hilo, Hawaii 96720 r-'- ;
Date: February 11, 2014 ---
To: Stewart Maeda, County Clerk
Members of the Hawaii County Council ==
From: J Yoshimoto, Council Chai>
Re: Communication Regarding Payment of Legal Fees
Attached please find a communication from Corporation Counsel regarding payment of attorney
fees. By request of Corporation Counsel, please place the attached communication on the
agenda for the February 19, 2014 council meeting for discussion during open session and,
pursuant to Section 92-5(a)(4), Hawaii Revised Statutes, as amended, in an executive meeting to
allow council members to consult with Corporation Counsel regarding this matter in the event
that confidential discussion is necessary'.'
Thank you.
JY:awm
Cc: D. Goodenow, Council Services Supervisor
L. Murashige, Executive Assistant to the Chair
Comm. No. 1 •
Ref. To: C.Migi,
Ref. Date • 41
Hawai`i County Is An Equal Opportunity Provider And Employer
Vy��s
Mt ."!tM', Lincoln S.T. Ashida
William P. Kenoi ^ �1��; Corporation Counsel
Mayor ,:j -. °%,'1:•
Katherine A. Garson
Assistant Corporation
''�o.w•'`�' Counsel
COUNTY OF HAWAII
OFFICE OF THE CORPORATION COUNSEL
333 Kilauea Avenue, Second Floor • Hilo, Hawaii 96720 • (808)961-8251 • Fax(808)961-8622
E-mail: corpcounsel @co.hawaii.hi.us
February 10, 2014
Honorable J Yoshimoto
Chair, Hawaii County Council
County of Hawaii
25 Aupuni St.
Hilo, HI 96720
Dear Chairman Yoshimoto:
RE: Brenda J. Ford v. Bobby Jean Leithead-Todd, S.P. NO. 13-1-34K
Request for agendizing payment of special counsel fees
to Robert Kim, Esq., for services rendered to Department of
Environmental Management Director Bobby Jean Leithead-Todd in
defending against a dismissed lawsuit
The Office of the Corporation Counsel requests this communication be
agendized for the purpose of the Hawaii County Council considering a request for
payment of attorney fees to Robert Kim, Esq., for his representation of Department of
Environmental Management Director Bobby Jean Leithead-Todd.
Ms. Leithead-Todd was sued, and it was alleged she did not qualify to hold the
position of Director of the Department of Environmental Management, despite a majority
affirmative vote of the Council after significant deliberation. This case against her was
dismissed by the Third Circuit Court on December 30, 2013.
The County of Hawaii is not a party to this case. The Office of the Corporation
Counsel sought to intervene in this case, alleging the County had a significant interest
since the Mayor nominated Ms. Leithead-Todd, and the Council confirmed her.
However, our request was denied by the Circuit Court.
Mr. Kim sent a billing for his services to the County, and now it is incumbent on
our office to forward same to the Council for your consideration. If the Council makes a
Hawaii County is an Equal Opportunity Employer and Provider
Honorable J Yoshimoto
February 10, 2014
Page 2
finding there is a "real necessity" for special counsel, payment may be made, since Mr.
Kim will be deemed to be special counsel for the County in this case.1
The Hawai'i County Council has considered similar requests in the past. On
August 27, 2008, the Council concurred with the recommendation to fund former
Council Member Emily Nae'ole's legal fees in her defense of two ethics complaints
brought against her which were dismissed.
We will provide copies of Mr. Kim's billings to the Council prior to the Council
hearing this matter. The billings contain attorney-client privileged material and we ask
the Council to guard against publicly discussing its contents.
We are prepared to discuss this request in open session. However we kindly
request this communication also be listed under the Executive Session portion of the
Council's agenda, in the event the Council has any questions they would like to ask of
our office that may be protected by the attorney-client privilege.
Thank you for your kind consideration of this request.
Very truly yours,
Ashida, Linn
Feb F 11 2014 o 11:24 AM
LINCOLN S. T. ASHIDA
Corporation Counsel
1 Section 6-5.5. Special Counsel.
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.