Loading...
HomeMy WebLinkAboutFY21-22-TORKILDSON, KATZ, HETHERINGTON, HARRIS & KNOREK-50,53,57,70Mitchell D. Roth Mayor Elizabeth A. Strance Corporation Counsel Laureen L. Martin Assistant Corporation Counsel COUNTY OF HAWAII OFFICE OF THE CORPORATION COUNSEL 101 Aupuni Street, Suite 325 • Hilo, Hawaii 96720 • Phone (808) 961-8251 • Fax (808) 961-8622 July 20, 2021 Via Electronic Mail only Kendra K. Kawai, Esq. Torkildson, Katz, Hetherington, Harris & Knorek Topa Financial Center, Bishop Street Tower 700 Bishop Street, 15th Floor Honolulu, Hawaii 96813-4187 kkawaiC@_torkildson.com Dear Ms. Kawai: Re: Fiscal Year 2021-22 Professional Services: Statement of Qualifications (SOQs) Thank you for submitting your firm's Statement(s) of Qualifications for providing professional services to the Office of the Corporation Counsel, County of Hawai'i. Based upon the information provided, the Department's review committee has determined that your firm is qualified to perform services for the following category(ies): 0 50) Attorney/Law (Civil Rights Defense) 51) Attorney/Law (General Personal Injury Defense) 52) Attorney/Law (Criminal Defense of County Employees) 0 53) Attorney/Law (General defense in civil matters, including administrative proceedings) 54) Attorney/Law (Federal and State Tax) 55) Attorney/Law (Worker's Compensation) 56) Attorney/Law (Constitutional) 0 57) Attorney/Law (Public Sector Employment) 58) Attorney/Law (Public Financing) 59) Attorney/Law (Drafting of Legislation and Administrative Rules) 60) Attorney/Law (Real Estate) 61) Attorney/Law (Land Use, Planning) 62) Attorney/Law (Class Actions) 63) Attorney/Law (Procurement) 64) Attorney/Law (Enforcement of Federal, State and County Law) Hawaii County is an Equal Opportunity Employer and Provider Kendra K. Kawai, Esq. July 20, 2021 Page 2 of 2 65) Attorney/Law (Condemnation) 66) Attorney/Law (Construction Litigation) 67) Attorney/Law (Bankruptcy) 68) Attorney/Law (Commercial Transactions) 69) Attorney/Law (Collections) 70) Attorney/Law (Fair Labor Standards Act and other laws related to compensation) 71) Attorney/Law (Environmental) 72) Attorney/Law (Regulatory) If you are qualified for a category, your firm will remain on the Department's List of Qualified Providers of Professional Services until June 30, 2022. For your information, this list may be utilized by any County agency during this time period. When the need for professional services arises, a selection committee will review the qualifications of firms on the list in the appropriate category. Professional services procurements that equal or exceed $5,000.00 are posted on the County's website within seven (7) days of the contract award. Thank you for your interest in providing professional services to the County of Hawai'i. If you have any questions or concerns, please contact Amy Bautista at (808) 961-8251 or corpcounsel(a hawaiicounty.gov. Respectfully, J Yoshimoto Deputy Corporation Counsel / Chair, 2021-22 Professional Services Statement of Qualifications (SOQs) Review Committee bcc: County of Hawaii, Procurement with enclosure Hawaii County is an Equal Opportunity Employer and Provider TORKILDSON KATZ HETHERINGTON HARRIS KNOREK ATTORNEYS AT LAW, A LAW CORPORATION 700 BISHOP STREET, 15TH FLOOR HONOLULU, HAWAII 96813-4187 TELEPHONE (808) 523-6000 • FACSIMILE (808) 523-6001 KENDRA K. KAWAI DIRECT DIAL: (808) 523-6000 E-MAIL: KKAWAI@TORKILDSON.COM June 30, 2021 Via E-mail: corpcounsel@hawaiicounty.gov Attn: Elizabeth A. Strance Corporation Counsel County of Hawaiʿi 101 Aupuni Street, Suite 325 Hilo, Hawaiʿi 96720 Re: Letter of Interest and Statement of Qualifications to Provide Legal Services Dear Ms. Strance: This responds to the County of Hawai‘i’s invitation to licensed attorneys to submit letters of interest and statements of qualifications to provide legal services for the County of Hawai‘i on a contract basis as the need arises for the 2021-2022 fiscal year. The information requested by the notice is as follows: 1. The name of the firm or person, contact information including email address, the principal place of business, and location of all of its offices. Kendra K. Kawai, Esq., Director, Torkildson, Katz, Hetherington, Harris & Knorek, Topa Financial Center, Bishop Street Tower, 700 Bishop Street, 15th Floor, Honolulu, Hawaii 96813- 4187, phone: (808) 523-6000, fax: (808) 523-6001, e-mail: kkawai@torkildson.com. Our law firm also has an office located at 120 Pauahi Street, Suite 312, Hilo, Hawaii 96720. 2. The age of the firm and its average number of employees over the past five years. Founded in 1947, Torkildson, Katz, Hetherington, Harris & Knorek is an “AV” rated law firm with offices in Honolulu and Hilo. The firm will be celebrating 75 years of service to the business community next year. The firm provides Hawaii, domestic and international corporations a range of expert legal services, including labor and employment law, business litigation, corporate law, health care law, tax planning and litigation, real estate transactions, liquor and administrative licensing, and immigration law. Currently, our law firm has 20 attorneys. June 30, 2021 Page 2 3. The education, training, and qualifications of the individual, or if a firm, its key employees in accordance with HRS 103D-304 and/or the professional and scientific occupation series contained in the United States Office of Personnel Management's Qualifications Standards Handbook (https: //www.opm.gov/policy-data-oversight/classificationqualifications/general- schedule-qualification-standards/#url =GS-PROF). I earned a B.A. degree in Political Science from University of California, San Diego and a J.D. degree from the University of Oregon Law School; and was employed as a Law Clerk to the Honorable Colleen Hirai, 2002-2004; Deputy Corporation Counsel for the City and County of Honolulu, 2004-2007; 2014-2015; attorney with Torkildson, Katz, Hetherington, Harris & Knorek 2007 to 2014; 2015 – present. I am licensed and authorized to practice in the following jurisdictions: State of Hawaiʿi, United States District Court for District of Hawaiʿi, United States Court of Appeals for Ninth Circuit, United States Supreme Court. (See my comprehensive background and qualifications in my attached resume.) 4. A list of recent projects and the names of up to five clients who may be contacted, including at least two for whom services were rendered during the preceding year. I am an experienced trial attorney seeking to provide legal services to the County of Hawaiʿi in the areas of Civil Rights Defense (#50); General Defense in Civil Matters, including Administrative Proceedings (#53); Public Sector Employment (#57); and Fair Labor Standards Act and Other Laws Related to Compensation (#70). We have handled a wide variety of labor and employment law compliance counseling and litigation matters for employers in the private and public sector, contract violation and interest arbitrations, all administrative and judicial hearings for employment matters, motions and other appearances in all types of labor and employment matters before state and federal courts and agencies, and other concentrated areas include civil rights and constitutional law. Please see attached for a summary of the number and type of cases or matters that I have worked on in the past. Feel free to contact my current and past clients: • Margarete Hester, Enterprise Holdings, Inc., (808) 543-1523 • Ruby Mae Espiritu, HawaiiUSA Federal Credit Union, (808) 844-8357 • Elisabeth Contrades, University of Hawaiʿi, (808) 956-9625 • Marlene McKenzie, Armstrong Produce, (808) 203-6270 • Mahina Eleneki Hugo, Queen Lili'uokalani Trust, (808) 203-6150 I have provided services to the first two contacts during the current and preceding years. June 30, 2021 Page 3 5. Any promotional or descriptive literature which the individual or firm desires to submit. Please see attached. Very truly yours, TORKILDSON, KATZ, HETHERINGTON, HARRIS & KNOREK Attorneys At Law, A Law Corporation Kendra K. Kawai Enclosures TORKILDSON KATZ HETHERINGTON HARRIS KNOREK ATTORNEYS AT LAW, A LAW CORPORATION 700 BISHOP STREET, 15TH FLOOR HONOLULU, HAWAII 96813-4187 TELEPHONE (808) 523-6000 • FACSIMILE (808) 523-6001 KENDRA K. KAWAI DIRECT DIAL: (808) 523-6000 E-MAIL: KKAWAI@TORKILDSON.COM LEGAL SERVICES TO BE PROVIDED: • General advice and representation in civil rights, contract, litigation, labor, constitutional, and personnel matters. • Drafting and/or analysis of employment agreements. • General advice on labor and employment matters. • Advice and representation in employment investigations, administrative matters, and other adverse claims brought against County of Hawaiʿi. • Legal compliance advice and review of labor, employment, and human resource policies and practices. VALUE ADDED SERVICES: • Having extensive practice experience in the private and public sectors in Hawai'i, many of our attorneys have built extensive networks and contacts. We are always willing to assist our clients in finding the trusted and specialized expertise needed to solve any particular issue they face. • In addition to hiring and training well-qualified attorneys, Torkildson, Katz, Hetherington, Harris & Knorek (“TKHH&K”) has built up a wealth of knowledge and experience over the years, allowing us to serve our private and public sector clients in the most efficient and effective manner possible. This expertise often allows us to provide quick and immediate answers to clients, avoiding additional research and analysis costs. BACKGROUND OF RECENT EMPLOYMENT MATTERS I have both worked on and handled a number of cases and/or employment matters (i.e., complaints filed in circuit court and federal district court, charges of discrimination, work injury discrimination complaints filed with the Department of Labor and Industrial Relations, ESARO (Employment Security Appeals Referees’ Office) hearings, etc.) for over the past eleven (11) years with the firm. I worked on and/or handled approximately 25-35 cases. I have also assisted Robert S. Katz in interest arbitrations representing governmental entities involving Bargaining Units 8 and 11, and labor matters representing the University of Hawaiʿi. I previously worked as a deputy corporation counsel for the City and Counsel of Honolulu in the litigation section for approximately three years (2004-2007). In that time, I handled approximately 7-12 civil rights cases, and approximately 10-15 cases involving various civil litigation matters against the City and County of Honolulu. June 30, 2021 Page 2 Brief representation sample of employment cases or matters handled: Horita v. Kauai Island Utility Cooperative; Civ. No. 07-cv-00357 JMS-BMK, 2008 WL 11344895 (D. Haw. Aug. 22, 2008), aff’d, 352 Fed. Appx. 194 (9th Cir. 2009) (unpublished), cert. denied, 1561 U.S. 1006, 30 S. Ct. 3469 (2010) – Served as co-counsel in obtaining summary judgment in a race and sex discrimination case in federal district court on behalf of an employer, prevailed on appeal to the Ninth Circuit in 2009 and successfully defeated plaintiff's application for certiorari to the United States Supreme Court in 2010. Sack v. The Hawaii School for Girls dba La Pietra – Hawaii School for Girls et al.; Civil No. 17-1- 1426-09 JPC; DPR No. 17-0576-A – Successfully served as first chair and obtained a defense arbitration award in December 2018. Plaintiff filed a retaliation claim against Defendants in Honolulu District Court pro se for non-renewal of her employment contract after she filed an age discrimination complaint with the Hawaii Civil Rights Commission. Plaintiff later retained counsel and filed a 7-count First Amended Complaint (with a jury demand), alleging claims such as age discrimination, retaliation, wrongful termination and/or retaliation in violation of Hawaii Whistleblower’s Protection Act claim, and various negligence claims (NIED, negligent training and negligent supervision). The parties stipulated to arbitrate the matter based on Plaintiff signing an agreement to arbitrate with her employment agreement. Kamakeeaina v. Armstrong Produce, Ltd.; Civil No. 18-00480 DKW-RT – Represented Armstrong Produce on a Charge of Discrimination Plaintiff filed with the Equal Employment Opportunity Commission, which was dual filed with the Hawaii Civil Rights Commission, alleging discrimination on the basis of age and disability. The EEOC dismissed the Charge for no cause, and Plaintiff subsequently filed pro se a 12-count Complaint based on the same operative facts. The parties settled the matter. Brief representation sample of labor cases: Robert S. Katz and I represented the Employer Group consisting of the State of Hawaiʿi, the City and County of Honolulu, County of Hawaiʿi, County of Maui and County of Kauai in a Hawaii Labor Relations Board matter involving the Hawaii Fire Fighters Association, Local 1463, IAFF, AFL-CIO, and the Bargaining Unit 11 interest arbitration from 2016-2017. Our firm was engaged through a contract with the County of Maui. Interest Arbitration between HGEA (Bargaining Unit 8) and David Y. Ige, Governor, State of Hawaiʿi; Board of Regents, University of Hawaiʿi; and David Lassner, President, University of Hawaiʿi; Case No. I-08-156 – Represented the University of Hawaiʿi with Robert S. Katz in the interest arbitration arising out of an impasse reached in negotiations between the State and the University (collectively “Employer”), and HGEA, concerning the 2015-2017 collective bargaining agreement for Bargaining Unit 8. June 30, 2021 Page 3 In the Matter of the Arbitration between HGEA (Bargaining Unit 8) and the University of Hawaiʿi (Frank Yap Jr., Arbitrator); and Asato et al. v. HGEA and the University of Hawaiʿi; Case No. 18- CU-08-365a-h & 18-CE-08-921a-h – Represented the University of Hawaiʿi with Robert S. Katz in a class grievance arbitration involving the termination of certain temporary positions and later the employees filed prohibited practice complaints with the Hawaii Labor Relations Board (HLRB) after the parties did not proceed to arbitration. The HLRB hearing was concluded and post-hearing briefs were filed in September 2019. The Board has not issued its decision in the matter. 2828706v1 KENDRA K. KAWAI 2177 Ala Mahamoe Street ● Honolulu, Hawai‘i 96819 ● 808.223.8549 ● kkawai_24@yahoo.com EDUCATION UNIVERSITY OF OREGON SCHOOL OF LAW Juris Doctorate, 2002 University of California – San Diego B.A. Political Science, 1998 PROFESSIONAL AFFILIATIONS SOCIETY FOR HUMAN RESOURCE MANAGEMENT (SHRM) HAWAI‘I CHAPTER, EDUCATIONAL FOUNDATION Member of Programs Committee (2008-2014; 2018-present) and Co-Chair of Programs Committee (2011- 2012) CHAMBER OF COMMERCE OF HAWAI‘I Member of Board of Directors (2018-present) PROFESSIONAL EXPERIENCE TORKILDSON, KATZ, HETHERINGTON, HARRIS & KNOREK, HONOLULU, HAWAI‘I, 2015 – PRESENT SENIOR COUNSEL/DIRECTOR, LABOR AND EMPLOYMENT LAW SECTION Defended employers in all aspects of labor and employment law matters before state and federal courts and administrative agencies. Drafted and reviewed employment agreements, independent contractor agreements, and settlement documents. Advised clients as to wage and hour, family leave law, and disability issues and participated in interest arbitration proceedings that resulted in successful outcomes for government agencies. Conducted independent fact-finding investigations. KEY ACHIEVEMENTS: • Served as co-counsel in interest arbitrations representing various government employers and obtained favorable results on behalf of management. • Successfully served as first-chair counsel in obtaining a defense decision in an age discrimination case at arbitration on behalf of employer (December 2018). • Assisted with the update and publication of the Chamber Desk Manual, created list of presentation topics, and organized the firm’s participation at the Annual Employment Law Seminar hosted by the Chamber of Commerce of Hawai‘i (August 2019). DEPARTMENT OF THE CORPORATION COUNSEL, CITY & COUNTY OF HONOLULU, HONOLULU, HAWAI‘I, 2014-2015 DEPUTY CORPORATION COUNSEL, COUNSELING & DRAFTING DIVISION, PERSONNEL SECTION Advised City departments on labor and employment law matters. Managed workers’ compensation appeals before the State of Hawai‘i Labor and Industrial Relations Appeals Board. Drafted legal advisory memoranda on various issues. Reviewed contractual agreements for City departments. TORKILDSON, KATZ, MOORE, HETHERINGTON & HARRIS, HONOLULU, HAWAI‘I, 2007-2014 ASSOCIATE ATTORNEY/SENIOR ASSOCIATE ATTORNEY, LABOR AND EMPLOYMENT LAW SECTION Defended employers in all aspects of labor and employment law matters before state and federal courts and administrative agencies. Drafted and reviewed employment agreements, independent contractor agreements, and settlement documents. Advised clients as to wage and hour, family leave law, and disability issues and reviewed and updated employee handbooks. KEY ACHIEVEMENTS: • Served as co-counsel in obtaining summary judgment in a race and sex discrimination case in federal court on behalf of an employer, prevailed on appeal to the Ninth Circuit in 2009 and successfully defeated plaintiff's application for certiorari to the United States Supreme Court in 2010. DEPARTMENT OF THE CORPORATION COUNSEL, CITY & COUNTY OF HONOLULU, HONOLULU, HAWAI‘I, 2004-2007 DEPUTY CORPORATION COUNSEL, LITIGATION DIVISION Litigated several jury trials in state and federal court as either first or second chair. Cases included: civil rights violations, employer retaliation, breach of contract and tort. Managed a caseload of approximately 20 cases. HONORABLE COLLEEN HIRAI (RET.), CHIEF JUDGE, CIRCUIT COURT OF THE FIRST CIRCUIT, STATE OF HAWAII 2002-2004 LAW CLERK Drafted bench memos, conducted research, and managed weekly hearings.