HomeMy WebLinkAboutRES 050 Draft 01 2016-2018+�Y•Oi M
COUNTY OF HAWAII
A%Gf •M��M
RESOLUTION NO.
STATE OF HAWAII
50 1'7
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 Hawaii 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,
11, 12, 13, and 14 are set to expire on June 30, 2017; and
WHEREAS, the State of Hawaii, the City and County of Honolulu, the County of Kauai,
the County of Maui, and the County of Hawaii (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, pursuant to Ilawai`i Revised Statutes Section 89-11, all bargaining units
may proceed to interest arbitration; and
WHEREAS, a legal proceeding (interest arbitration) related to Bargaining Unit 11
(firefighters), commenced in November 2016 and reconvened in January 2017; and
WHEREAS, the instant legal proceeding involves 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`i'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 Hawai`i,the City and County of Honolulu, and the Counties of
Maui, Kaua`i, and Hawaii jointly 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, in
accordance with Section 46-7 of the Hawaii Revised Statutes, that the Mayor of the County of
Hawai`i is authorized to execute, on behalf of the County, an intergovernmental agreement with
the State of Hawai`i, the City and County of Honolulu, the County of Kauai, and the County of
Maui; and the intergovernmental agreement is hereby consented to and approved.
BE IT FURTHER RESOLVED that:
1. Pursuant to County Charter, Section 6-5.5, Special Counsel, the County
Council authorizes the retention of special counsel, to represent the County of Hawaii in
proceedings before the BU 11 Interest Arbitration Panel; and
2. The funds for the Special Counsel shall not exceed $50,000.00 plus costs.
2
BE IT FINALLY RESOLVED that the County Clerk shall transmit a copy of this
resolution to Belinda Hall, Deputy Corporation Counsel and the Director of Human Resources.
Dated at Kona , Hawai`i, this 25th day of January , 2017.
INTRODUCED BY:
COUNC"'EMBER, COUNTY OF HAWAII
COUNTY COUNCIL ROLL CALL VOTE
County of Hawai`i AYES NOES ABS EX
Hilo, Hawai`i CHUNG 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 KANUHA X
County of Hawai`i on January 25, 2017 — LEE LOY X
O'HARA X
ATTEST: POINDEXTER X
RICHARDS X
B /�
RUGGLES X
lJ 9 0 0 0
9%)
�G��"' C•-68 /Waived FC
Reference:
COUNTY CLERK CHAIRPERSON &PRESIDING OFFICER RESOLUTION NO. 50 17
3