HomeMy WebLinkAboutRES 353 Draft 01 2018-2020 I.
COUNTY OF HAWAII `='± f=*� STATE OF HAWAII
•.
RESOLUTION NO. 353 19
A RESOLUTION AUTHORIZING THE EMPLOYMENT OF SPECIAL COUNSEL TO
REPRESENT THE COUNTY OF HAWAII,BOARD OF ETHICS IN PETITION
NO. 2019-02
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 September 5, 2019, a Petition was filed under a request for
confidentiality by a member of the public with the County of Hawai`i, Board of Ethics, seeking a
hearing and Informal Advisory Opinion concerning Petitioner's actions as a County of Hawai`i
employee ("Petition 2019-05"); and
WHEREAS, Petition 2019-05 contains issues that may affect Petitioner's current
litigation against the County of Hawaii; and
WHEREAS, a conflict of interest would exist for the Office of the Corporation Counsel
for the County of Hawai`i to advise the Board of Ethics in the consideration of Petition 2019-05;
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 as to Petition
No. 2019-05, due to conflict of interest for the Office of the Corporation Counsel, County of
Hawai`i; and
WHEREAS, the Office of the Corporation Counsel, County of Hawai`i, 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 No. 2019-05; 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, County of Hawai`i.
Dated at Hilo , Hawai`i, this 16th day of October , 2019.
INTRODUCED BY:
tal///iP,11°' AO' -4/111.
COUNCIL M BER, 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
County of Hawai'i on October 16, 2019 KANEALI`I-KLEINFELDER X
KIERKIEWICZ X
LEE LOY X
ATTEST: POINDEXTER X
RICHARDS X
VILLEGAS X
6 0 3 0
Reference: C-529/Waived_:_FC
TY CLER CHAIRPERSON&P DING OFFICER RESOLUTION NO. 353 19
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