HomeMy WebLinkAboutRES 666 Draft 02 2016-2018 y,� ,,
• 1�Y
\\�4
` "'� ,',, >� STATE OF HAWAII
COUNTY OF HAWAII .�� /.t
.ire;:41e.
RESOLUTION NO. 666 18
(DRAFT 2)
A RESOLUTION AUTHORIZING THE EMPLOYMENT OF A PRIVATE ATTORNEY
AS PART OF AN INTERGOVERNMENTAL AGREEMENT WITH THE STATE OF
HAWAII TO REPRESENT THE COUNTY OF HAWAII AND NAMED COUNTY
OFFICIALS IN YOUNG V. STATE OF HAWAII,NO. 12-17808
WHEREAS, on June 12, 2012, George K. Young, Jr. ("Mr. Young") filed a lawsuit
against the State of Hawai`i and various State of Hawai`i officials (collectively "State"), the
County of Hawai`i and various County of Hawai`i officials (collectively "County") alleging the
denial of his applications for a license to carry a firearm violated the Second Amendment of the
United States Constitution("Lawsuit"); and
WHEREAS, on November 29, 2012, the Honorable Helen Gillmor dismissed the
Lawsuit and Mr. Young appealed to the Ninth Circuit Court of Appeals; and
WHEREAS, the Ninth Circuit Court of Appeals published its decision on July 24, 2018
finding there is a constitutional right to open carry firearms pursuant to the Second Amendment
of the United States Constitution("Decision"); and
WHEREAS, the Decision also found a portion of HRS § 134-9 violated the Second
Amendment of United States Constitution; and
WHEREAS,the State and the County do not agree with the Decision and desire to defend
the constitutionality of HRS § 134-9 and seek en banc review by the Ninth Circuit Court of
Appeals; and
WHEREAS, should en banc review be granted and an opinion rendered, it is likely further
review by the United States Supreme Court will be sought by either Mr. Young or the State and
County; and
I -
WHEREAS, the instant legal proceeding involves complex issues of law and fact
pertaining to the Second Amendment of the United States Constitution as applied to HRS § 134-9,
en banc proceedings and possibly practice before the United States Supreme Court which requires
specialized legal knowledge and expertise in those areas; and
WHEREAS,the County's interests are aligned with the interests of the State and there is
value in having a united front with a single representative speaking on behalf of the State and
County;
WHEREAS, Corporation Counsel has determined that because further proceedings
require expertise and experience in the area of Second Amendment law, en banc proceedings and
possibly before the United States Supreme Court, it is necessary to enter an intergovernmental
agreement to retain an attorney with expertise and experience in the subject areas to effectively
advocate the State and County's position; and
WHEREAS, the State has or will retain the services of Neal Katyal of Hogan Lovells in
order to represent and assist it in the Lawsuit; and
WHEREAS,the State is willing to pay all fees and costs incurred in having Neal Katyal
represent the County along with the State; 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 Hawai`i 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 and the intergovernmental agreement is hereby consented to and approved.
•
2
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 in the Lawsuit; and
2. All fees and costs are to be paid by the State.
BE IT FINALLY RESOLVED that the County Clerk shall transmit a copy of this
resolution to (1) Mayor Harry Kim; (2)Paul Ferreira, Chief, Hawai`i Police Department; and (3)
Joseph Kamelamela, Corporation Counsel.
Dated at Hilo , Hawai`i, this 5th day of September , 2018.
INTRODUCED BY:
rrJ
•- /
COUNCIL ER, COUNTY 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 adopted by the COUNCIL of the KANUHA X
County of Hawai`i on September 5, 2018
LEE LOY X
O'HARA X
ATTEST: POINDEXTER X
RICHARDS X
RUGGLES X
A #
8 0 1 0
Reference: C-1041.5/Waived FC
COUNTY CLERK CHAIRPERSON&PRESIDING OFFICER RESOLUTION NO. 6 G 18
(DRAFT 2)
3