HomeMy WebLinkAboutRES 566 Draft 01 2014-2016 ,-;OtV OC HI
COUNTY OF HAWAII - / STATE OF HAWAII
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RESOLUTION NO. 566 16
A RESOLUTION AUTHORIZING THE EMPLOYMENT OF A PRIVATE ATTORNEY
AS PART OF AN INTERGOVERNMENTAL AGREEMENT WITH THE STATE OF
HAWAII,THE CITY AND COUNTY OF HONOLULU,THE COUNTY OF KAUAI,AND
THE COUNTY OF MAUI TO REPRESENT THE PUBLIC EMPLOYER IN
COLLECTIVE BARGAINING MATTERS RELATING TO LITIGATION OF UNION
PROPOSALS.
WHEREAS, pursuant to Hawai`i Revised Statutes Chapter 89-2, "public employer"
includes the governor in the case of the State and the respective mayors in the case of the
counties and any individual who represents one of these employers or acts in their interest in
dealing with public employees; and
WHEREAS, the Collective Bargaining Agreements for Bargaining Units 1, 2, 3, 4, 10,
I1, 12, 13, and 14 are set to expire on June 30, 2017; and
WHEREAS,the State of Hawai`i,the City and County of Honolulu,the County of Kaua`i,
the County of Maui, and the County of Hawai'i (hereinafter"Public Employer") are currently
engaged in the process of negotiating new Collective Bargaining Agreements to those set to expire
on June 30, 2017; and
WHEREAS,as part of the contract negotiations for Bargaining Unit 11 (firefighters),
proceedings have been initiated before the Hawai`i Labor Relations Board ; and
WHEREAS,the instant legal proceedings involve complex issues of law and fact
pertaining to management's rights and require specialized legal knowledge and expertise in those
areas; and
WHEREAS, the Corporation Counsel has determined that because the management's
rights issue requires expertise and experience in the area of collective bargaining and labor law,
and because the resources currently available in the Office of the Corporation Counsel to handle
these matters are limited, it is necessary to enter inter an intergovernmental agreement to retain
an attorney with expertise and experience in the subject area to effectively advocate the County
of Hawai's and Public Employer's position; and
WHEREAS, there is value in having a united front with a single representative speaking
on behalf of the public employer; and
WHEREAS,the State of Hawaii,the City and County of Honolulu, and the Counties of
Maui, Kaua`i, and Hawai`i seek to retain the services of Special Counsel to represent the Pubic
Employer;and
WHEREAS, the County Charter, Section 6-5.5, Special Counsel, requires a two-thirds
vote by the County Council to approve employment of special counsel; now, therefore,
BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII that:
1. County Charter, Section 6-5.5, Special Counsel, the County Council
authorizes the retention of special counsel, to represent the County of Hawai`i in proceedings
before the Hawaii Labor Relations Board related to bargaining unit 11 contract negotiations;
and
2. The funds for the Special Counsel shall not exceed $25,000.00; and
3. The Special Counsel shall be responsible for the retention of consultants
and expert witnesses and for ensuring that consultant and expert fees for services rendered do not
exceed the contract amount; and
BE IT FINALLY RESOLVED that the County Clerk be and is hereby directed to transmit
copies of this resolution to the Corporation Counsel and the Director of Human Resources.
Dated at Hilo , Hawai`i, this 3rd day of August , 2016.
INTRODUCED BY:
COUNCIL MEMBER, C 3UNTY OF HAWAII
COUNTY COUNCIL ROLL CALL VOTE
County of Hawai`i AYES NOES ABS EX
Hilo, Hawai`i CIIUNG X
DAVID X
I hereby certify that the foregoing RESOLUTION was by EOFF X
the vote indicated to the right hereof adopted by the COUNCIL of the ILAGAN X
County of Hawaii on An. 1st 3� 2016
KANUHA X
ONISHI X
ATTEST: PALEKA X
POINDEXTER X
WILLE X
110 ' 9 Q 0 0
Reference: C-945/Waived FC
COUNTY CLERK CHAIRPERSON&PRESIDING OFFICER RESOLUTION NO. 566 16
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