HomeMy WebLinkAboutRES 583 Draft 01 2018-2020 COUNTY OF HAWAII STATE OF HAWAII
RESOLUTION NO. 583 20
A RESOLUTION AUTHORIZING THE EMPLOYMENT OF SPECIAL COUNSEL TO
REPRESENT THE COUNTY OF HAWAII,%BOARD OF ETHICS IN PETITION
NO.2020-02,AS THE PETITIONER IS INVOLVED IN ONGOING LITIGATION
AGAINST THE COUNTY OF HAWAII
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 March 19, 2020, a Petition was filed by a member of the public with the
County of Hawai`i, Board of Ethics, seeking a hearing and Informal Advisory Opinion
concerning the actions of a County of Hawai`i employee ("Petition 2020-02"); and
WHEREAS, Petition 2020-02 contains issues that may affect Petitioner's current
litigation against the County of Hawai`i; 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 2020-02;
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. 2020-02, 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 in the consideration of Petition No. 2020-02; 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 22nd day of April , 2020.
•
INTRODUCED BY:
4i/LIIIPAN 1146,„ •
COUN L'�`' 32' 0103'" TY OF AWAI`I
COUNTY COUNCIL ROLL CALL VOTE
County of Hawaii 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 bythe COUNCIL of the
County of Hawaii on April 22, 2020 KANEALI`I-KLEINFELDER X
KIERKIEWICZ X
LEE LOY X
ATTEST: POINDEXTER X
RICHARDS X
VILLEGAS X
8 0 I 0
Reference: C-872/Waived FC
/C• LERK ERSON&PRESIDING O CER RESOLUTION NO. _ 583 20
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