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HomeMy WebLinkAboutComm No 0001.09 - Response from CC - Qualifications - Oct 26 Joseph K. Kamelamela Harry Kim Corporation Counsel Mayor Renee N. C. Schoen Assistant Corporation Counsel OFFICE OF THE CORPORATION COUNSEL 101 Aupuni Street, Suite 325 Hilo, Hawai‘i96720 (808) 961-8251 Fax (808) 961-8622 October 26,2018 Honorable Douglass Shipman Adams Chairman and Members of the Hawai’i County Charter Commission County of Hawai’i 25 Aupuni Street Hilo, HI 96720 RE:Proposed Amendment to Chapter 5, Corporation Counsel Section 6-5.2. Appointment and Removal Regarding Minimum Qualifications for theCorporation Counsel Dear ChairmanAdams and Commission Members: This follows our correspondence to the Charter Commission dated August 9, 2018, see attachmentand will serve as a request that the Charter Commission consider amending Section 6-5.2, Hawai’iCounty Charter (“Charter”), to require minimum years of experience in the practice of law and in administrative experience relating to the managementand supervisionof a legal department. The proposed language is underlined as follows: The corporation counsel shall be appointed by the mayor, confirmed by the council and may be removed by the mayor with the approval of the council.The corporation counsel shall be an attorney licensed to practiceand in good standing before the Supreme Court of the State of Hawai’i.The corporation counsel shall have been licensed to practice law for a period of not less than five years preceding appointment,and have at least three years of experience in a responsible administrative capacity. Reason for the Proposal As the chief legal advisor and representative of the County, this office serves as the law firm for our County, providing legal representation and support for 20 departments, 2500+ officers and employees and 37+ boards and commissions.The Charter does not currently provide sufficientassurance that the appointed Corporation Counsel will effectively and efficiently renderprompt and appropriate legal service to the Countyand its employees and officials.Neither doesit establish any guidance in the appointment ofa Corporation Counsel who will administer the office to use its resources Comm.No.1.9 Honorable Douglass Shipman Adams Chairman and Members of the Hawai’i County Charter Commission October 26,2018 Page 2of 3 and personnel to provide the best legal services for the Countyand its employees and officials. At Least Five Years of Experience in the Practice of Law Requiring the Corporation Counsel to have at least five years of experience in the practice of law would help ensure that he or she has the acumen to handle the myriad of legal issues that the County deals with on a daily basis. He or she must provide legal advice, opinions and solutions regarding issues and risks, including creating and implementing County policies and procedures to preserve, protect and promote the resources of the County. Requiring the Corporation Counsel to have at least five years in the practice of law would also promote the likelihood that he or she will possessthe necessary skills to drive and support strategies and solutions for legal issues that are often complex and challenging. A minimum qualification of at least five yearsof legal practice experience is reasonable. For example, to be a judge of the district court,a person must have at least five years of experience in the practice of law prior to the nomination. SeeArt. VI- Section 3, Constitution of the State of Hawai’i. Moreover,several directorsof County departmentsmust have at least five yearsof experience in the related field.See Sections 6-6.2 (Finance Director), 6-7.2 (Planning Director), 6-8.2 (Director of Research and Development), 7-2.3 (Chief of Police), and 7-4.3(b) (Fire Chief) of the Charter. Finally, both the City and County of Honolulu and the County of Maui require the Corporation Counsel to have at least five years of experience in the practice of law. See Revised Charter of the City & County of Honolulu, Section 5-202; Charter County of Maui, Section 8-2.2. At Least Three Years of Administrative Experience A Corporation Counsel serves as a department head and is in charge of the County’s law firm. Currently, the office has 15 attorneys with 9in our counseling and drafting division and 6in our litigation division. Our support staff of 11consists of one private secretary, one accountant, oneclaims/investigatoradjuster, one legal assistant, 3 legal technicians, 3legal clerks and one clerk. Accordingly, the Corporation Counsel should bring some administrative experience prior to appointment. He or she should have the skills to manage, superviseand operatea governmental legal department, and should not learn on the job.He or she should be able to drive legal strategies without losing sight of the day-to-day operations. The position requires someone to provide thoughtful leadership, strategic insight and clear communication (written and verbal) to team members within andoutside of the office. A minimum qualification of at least three years of administrative experience is reasonable. Such minimum qualification is consistent with those required of some of Honorable Douglass Shipman Adams Chairman and Members of the Hawai’i County Charter Commission October 26,2018 Page 3of 3 the directors of County departments. SeeSections 6-4.3 (Directorof Information Technology), 6-6.2 (Finance Director), 6-7.2(a) (Planning Director), 7-2.3 (Chief of Police) and 7-4.3(b) (Fire Chief) of the Charter;comparefive years for other County departments, Sections 6-2.2 (Public Works’ Director), 6-3.2 (Parks and Recreation Director), 6-10.3 (Director of Environmental Management)and 8-3(c) (Water Supply Manager-Chief Engineer)of the Charter. Should you have any further questions about the proposal, please contact me or Assistant Corporation Counsel, Renee Schoen. Respectfully submitted, JOSEPH K. KAMELAMELA Corporation Counsel JKK:clf Attachment c: Mayor Harry Kim Managing Director Wil Okabe