HomeMy WebLinkAboutCOMM. 070 Kamelamela, J - Opposition to CA-8 Section 1 Section 13-18William P Kenoi
Mayor
Lincoln S T Ashida
Corporation Counsel
Katherine A Garson
Assistant Corporation
Counsel
COUNTY OF HAWAI I
OFFICE OF THE CORPORATION COUNSEL
101 Aupuni Street Suite 325 Hilo Hawaii 967204262 808 961 8251 Fax 808 961 8622
October 8 2009
Sent via e mail tokeoffiico hawaii hi us no hard COfJV will follow
Honorable Chairman Edmund Haitsuka and
Members of the County of Hawai i Charter Commission
c o Hawai i County Council
333 Kilauea Ave 2nd Floor
Hilo Hawai i 96720
Dear Chairman Haitsuka and Commission Members
Re Comments in Opposition to Proposal CA 8 Section 1 Section 13 18 Claims
Section I of Proposal No CA 8 seeks to have a Claim for Damages to be filed with the
Corporation Counsel instead of the County Clerk There are several reasons to maintain the
current procedure of filing a Claim for Damages with the County Clerk
The Proposal provides
Section 1 Article XIII section 13 18 Hawai i County Charter is amended to
read as follows with added language underscored and deleted language
bracketed
Section 13 18 Claims
No action shall be maintained for the recovery of damages for any injury
to persons or property by reason of negligence or other act of any official or
employee of the county unless a written statement stating fully when where and
how the injuries occurred the apparent extent thereofand the tentative amount
claimed therefor shall have been filed with the county clerk comoration
counsel within two years after the date the injury was sustained
HawaiiCounty is an Equal Opportunity Employer and Provider
Honorable Chairman Edmund Haitsuka and
Members ofthe County of Hawai i Charter Commission
October 8 2009
Page 2
Furthermore HRS S 46 72 Liability for injuries or damages notice provides that
Before the county shall be liable for damages to any person for injuries to
person or property received upon any of the streets avenues alleys sidewalks or
other public places ofthe county or on account of any negligence of any official
or employee of the county the person injured or the owner or person entitled to
the possession occupation or use ofthe property injured or someone on the
person s behalf within two years after the injuries accrued shall give the
individual identified in the respective county s charter or if none is specified the
chairperson of the council of the county or the clerk of the county in which the
injuries occurred notice in writing of the injuries and the specific damages
resulting stating fully when where and how the injuries or damage occurred the
extent ofthe injuries or damages and the amount claimed
Although HRS S 46 72 does not prohibit the Corporation Counsel from receiving the notice of
claim there are salient considerations in authorizing the clerk of the council to continue the
practice of accepting a claim for damage First the statute does state a preference for the notice
of claim to be filed with the chairperson or the clerk of the council Second since the County
Council has to appropriate monies for settlement and approve settlements in excess of 1 500
and the County Clerk is the repository for all releases settlements there is no compelling reason
to change the current practice Third there is no evidence that there is an urgent need to change
the current practice Fourth neither is there any evidence that it has been an onerous burden on
the County Clerk to initially intake any claim for damage And fifth the fact that our office does
the investigation of the claims as declared by the former County Clerk should not be a
sufficient rationale to change a process that provides public access and ensures public confidence
that the elected officials are initially aware have notice of the manner nature and frequency of
the claims the citizens are petitioning against the County
Should you have any further comments please contact me at 808 936 4937
Very truly yours
JOSEPH K KAMELAMELA
Deputy Corporation Counsel
Litigation Supervisor
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