HomeMy WebLinkAboutRES 232 Draft 01 2016-2018 COUNTY OF HAWAII •�6�:'==%�/ * STATE OF HAWAII
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RESOLUTION NO. 232 17
A RESOLUTION AUTHORIZING THE EMPLOYMENT OF SPECIAL COUNSEL TO
REPRESENT THE COUNTY OF HAWAII,BOARD OF ETHICS IN PETITION
NOS.2017-07 and 2017-08.
WHEREAS, Section 6-5.5, of the Hawai`i County Charter, Special Counsel, provides
that the County Council, may approve by two-thirds vote of its entire membership the
employment of Special Counsel, for any special matter presenting a real necessity for such
employment; and
WHEREAS, on May 12, 2017 and June 8, 2017,Petitions were filed by a member of the
public with the County of Hawai`i, Board of Ethics against employees of the County of Hawai`i,
Office of the Corporation Counsel; and
WHEREAS, the facts asserted in the Petitions arises out of conduct undertaken while
both employees were acting within the course and scope of their employment as attorneys for the
County of Hawai`i; and
WHEREAS, a conflict of interest would exist for the Office of the Corporation Counsel
to advise the Board of Ethics in the consideration of these Petitions; and
WHEREAS, the County Council finds that there is a necessity and a public purpose for
retaining the services of an attorney from the Office of the Corporation Counsel, County of
Maui, as special counsel to advise the County of Hawai`i Board of Ethics on the matters in
Petition Nos. 2017-07 and 2017-08, due to conflicts of interest for the Office of the Corporation
Counsel, County of Hawai`i; and
WHEREAS, the Office of the Corporation Counsel, consistent with the Code of
Professional Conduct, shall provide necessary support services in this matter and take all
possible steps to minimize costs; now, therefore,
BE IT RESOLVED THE COUNCIL OF THE COUNTY OF HAWAII that:
1. That the County Council hereby authorizes the retention of an attorney from the
Office of the Corporation Counsel, County of Maui, as special counsel to advise the County of
Hawai`i Board of Ethics on the matter in Petition Nos. 2017-07 and 2017-08 and related matters;
and
2. That the total costs shall not exceed $1,000.00; and
3. That the compensable costs shall include 1) fees for copies necessarily obtained
for use in the case; 2) fees for computerized legal research; 3) telephone calls; 4) facsimile
charges; 5)per diem; and 6) necessary air and ground transportation to attend meetings; and
BE IT FINALLY RESOLVED that the County Clerk shall transmit a copy of this
resolution to the Office of the Corporation Counsel.
Dated at Hilo , Hawai`i, this 7th day of July , 2017.
INTRODUCED BY:
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COUNCIL MEMBE , •UNTY OF HAWAI`I
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 ado ted by the COUNCIL of the KANUHA
County of Hawai`i on July 7, 2017 X
LEE LOY X
O'HARA X
ATTEST: POINDEXTER X
RICHARDS X
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X
12) 9 � o 0 0
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Comm. 331 Waived FC
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COUNTY CLERK CHAIRPERSON&PRESIDING OFFICER RESOLUTION NO. 232 1`?
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