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HomeMy WebLinkAbout12/7/2011 Special Council MeetingSPECIAL COUNCIL MEETING DECEMBER 7, 2011 The Special Meeting of the Council of the County of Kauai, was called to order by the Council Chair at the Council Chambers, 4396 Rice Street, Suite 201, Lihu`e, Kauai, on Wednesday, December 7, 2011 at 9:07 a.m., after which the following members answered the call of the roll: Honorable Tim Bynum Honorable Dickie Chang Honorable KipuKai Kuali`i Honorable Nadine K. Nakamura Honorable JoAnn A. Yukimura Honorable Jay Furfaro Excused: Honorable Mel Rapozo APPROVAL OF AGENDA. Mr. Chang moved for approval of the agenda as circulated, seconded by Mr. Kuah'i, and unanimously carried. COMMUNICATION: C 2011 -325 Request from the Office of the County Attorney for authorization to expend funds up to $40,000.00 to retain special counsel to represent the County of Kauai in LeBeau Lagmay v. County of Kauai et al., Civil No. 11 -1 -0320, Fifth Circuit Court, and related matters. Chair Furfaro: Shall I call the County Attorney up now? Mr. Watanabe: Yes Chair. There's an Executive Session item relating to this agenda item, so it's prudent to take up the Executive Session items first. Chair Furfaro: Okay. County Attorney let me suspend the rules. EXECUTIVE SESSION: ES -515 Pursuant to Haw. Rev. Stat. § §92 -4 and 92- 5(a)(4) and (8); and Kauai County Charter §3.07(E), the purpose of this executive session is to consult with the Council's legal counsel to receive legal updates, overviews, and recommendations for purposes of obtaining Council approval of proposed settlement of a workers' compensation claim. This deliberation and /or decision making involves matters that require the consideration of information that must be kept confidential as, inter alia, it concerns significant privacy interests. The significant privacy interests relate to a medical history, diagnosis, condition, treatment, or evaluation, and which, pursuant to state or federal law, including Health Insurance Portability and Accountability Act, are protected from disclosure. 2 SPECIAL COUNCIL MEETING DECEMBER 7, 2011 ES -516 Pursuant to Haw. Rev. Stat. § §92 -4 and 92- 5(a)(4) and (8); and Kauai County Charter §3.07(E), the purpose of this executive session is to consult with the Council's legal counsel to receive legal updates, overviews, and recommendations for purposes of obtaining Council approval of proposed settlement of a workers' compensation claim. This deliberation and/or decision making involves matters that require the consideration of information that must be kept confidential as, inter alia, it concerns significant privacy interests. The significant privacy interests relate to a medical history, diagnosis, condition, treatment, or evaluation, and which, pursuant to state or federal law, including Health Insurance Portability and Accountability Act, are protected from disclosure. ES -517 Pursuant to Haw. Rev. Stat. § §92 -4 and 92- 5(a)(4) and (8); and Kauai County Charter §3.07(E), the purpose of this executive session is to consult with the Council's legal counsel to receive legal updates, overviews, and recommendations for purposes of obtaining Council approval of proposed settlement of a workers' compensation claim. This deliberation and/or decision making involves matters that require the consideration of information that must be kept confidential as, inter alia, it concerns significant privacy interests. The significant privacy interests relate to a medical history, diagnosis, condition, treatment, or evaluation, and which, pursuant to state or federal law, including Health Insurance Portability and Accountability Act, are protected from disclosure. ES -518 Pursuant to Haw. Rev. Stat. § §92 -4 and 92- 5(a)(4) and (8); and Kauai County Charter §3.07(E), the purpose of this executive session is to consult with the Council's legal counsel to receive legal updates, overviews, and recommendations for purposes of obtaining Council approval of proposed settlement of a workers' compensation claim. This deliberation and/or decision making involves matters that require the consideration of information that must be kept confidential as, inter alia, it concerns significant privacy interests. The significant privacy interests relate to a medical history, diagnosis, condition, treatment, or evaluation, and which, pursuant to state or federal law, including Health Insurance Portability and Accountability Act, are protected from disclosure. ES -519 Pursuant to Haw. Rev. Stat. § §92 -4 and 92- 5(a)(4) and (8); and Kauai County Charter §3.07(E), the purpose of this executive session is to consult with the Council's legal counsel to receive legal updates, overviews, and recommendations for purposes of obtaining Council approval of proposed settlement of a workers' compensation claim. This deliberation and/or decision making involves matters that require the consideration of information that must be kept confidential as, inter alia, it concerns significant privacy interests. The significant privacy interests relate to a medical history, diagnosis, condition, treatment, or evaluation, and which, pursuant to state or federal law, including Health Insurance Portability and Accountability Act, are protected from disclosure. There being no objections, the rules were suspended. 3 SPECIAL COUNCIL MEETING DECEMBER 7, 2011 MARC E. GUYOT, DEPUTY COUNTY ATTORNEY: Good morning Chair, Vice Chair, Councilmembers... I believe that we're expecting the Executive Session for Mr. Lagmay to be done a little later this morning. The Executive Session that I'm here for are for the work comp items. So for scheduling purposes, I don't know how that may fit in with your plans. I apologize if there's any confusion with that. Chair Furfaro: Excuse me then Mr. Clerk have you got any information to that effect? Mr. Watanabe: Let's have the County Attorney read all the Executive Session items before we convene in Executive Session. Chair Furfaro: Okay, you have the floor. Mr. Guyot: Thank you Chair. Executive Sessions 515, 516, 517, 518 and 519 are all worded the same way, so I will read the caption for one (1) and it will pertain to all Executive Sessions that I had just mentioned. Pursuant to Haw. Rev. Stat. § §92 -4 and 92- 5(a)(4) and (8); and Kauai County Charter §3.07(E), the purpose of this executive session is to consult with the Council's legal counsel to receive legal updates, overviews, and recommendations for purposes of obtaining Council approval of proposed settlement of a workers' compensation claim. This deliberation and/or decision making involves matters that require the consideration of information that must be kept confidential as, inter alia, it concerns significant privacy interests. The significant privacy interests relate to a medical history, diagnosis, condition, treatment, or evaluation, and which, pursuant to state or federal law, including Health Insurance Portability and Accountability Act, are protected from disclosure. And as I stated before, Chair, this does pertain to the five (5) Executive Sessions... 515, 516, 517, 518 and 519. Chair Furfaro: So from 515 through 519, you're asking that we get a vote to move into Executive Session? Mr. Guyot: That's correct Chair. Chair Furfaro: Thank you. It is your understanding that 520 are to be handled at the end of today's business? Mr. Guyot: That was my understanding Chair. Chair Furfaro: Okay. There being no objections, the meeting was called back to order, and proceeded as follows: Ms. Yukimura moved to convene in Executive Session to discussion ES -515, ES -516, ES -517, ES -518 and ES -519, respectively, seconded by Ms. Nakamura, and carried by the following vote: FOR EXECUTIVE SESSION: Bynum, Chang, Kuali`i, Nakamura Yukimura, Furfaro TOTAL — 6, AGAINST EXECUTIVE SESSION: None TOTAL — 0, EXCUSED & NOT VOTING: Rapozo TOTAL — 1. There being no objections, the meeting was in recess at 9:13 a.m. 4 SPECIAL COUNCIL MEETING DECEMBER 7, 2011 The Council reconvened at 10:44 a.m., and proceeded as follows: Chair Furfaro: Mr. Clerk this is a continuation of our special session from 9:00 this morning? Mr. Watanabe: Yes Chair. Chair Furfaro: We have item number 520 that still needs to be addressed by the Council and I will suspend the rules and have the Deputy County Attorney that is assigned to the Police Department. ES -520 Pursuant to HRS sections 92 -4, 92- 5(a)(4), (6) and (8), and Kauai County Charter section 3.07(e), the purpose of this executive session is to provide the Council with a briefing on LeBeau Lagmay v. County of Kauai, et al., Civil No. 11 -1 -0320, Fifth Circuit Court, and related matters. The briefing and consultation involves consideration of the powers, duties, privileges, immunities, and/or liabilities of the Council and the County as they relate to this agenda item. There being no objections, the rules were suspended. JUSTIN F. KOLLAR, DEPUTY COUNTY ATTORNEY: Good morning Council Chair and members of the Council. For the record Justin Kollar, Deputy County Attorney. Pursuant to HRS sections 92 -4, 92- 5(a)(4), (6) and (8), and Kauai County Charter section 3.07(e), the purpose of this executive session is to provide the Council with a briefing on LeBeau Lagmav v. County of Kauai, et al., Civil No. 11 -1 -0320, Fifth Circuit Court, and related matters. The briefing and consultation involves consideration of the powers, duties, privileges, immunities, and/or liabilities of the Council and the County as they relate to this agenda item. There being no objections, the meeting was called back to order, and proceeded as follows: Chair Furfaro: Thank you very much. Are there any questions of the Deputy County Attorney? None? Is there anyone in the audience that wants to speak on this Executive Session? Seeing no one, I'd like to have a motion. Ms. Nakamura moved to convene in Executive Session to discuss ES -520, seconded by Mr. Chang, and carried the following vote: FOR EXECUTIVE SESSION: Bynum, Chang, Kuali`i, Nakamura Yukimura, Furfaro TOTAL — 6, AGAINST EXECUTIVE SESSION: None TOTAL — 0, EXCUSED & NOT VOTING: Rapozo TOTAL —1. Chair Furfaro: Those in the audience, we are going back into Executive Session, I do not believe we will be very long but we posted our Committee to start at 10:30 this morning and we're only about 15 behind schedule. There being no objections, the meeting was in recess at 10:47 a.m. 5 SPECIAL COUNCIL MEETING DECEMBER 7, 2011 The Council reconvened at 11:19 a.m., and proceeded as follows. C 2011 -325 Request from the Office of the County Attorney for authorization to expend funds up to $40,000.00 to retain special counsel to represent the County of Kauai in LeBeau Lagmay v. County of Kauai, et al., Civil No. 11 -1 -0320, Fifth Circuit Court, and related matters: Ms. Yukimura moved to approve C 2011 -325, seconded by Mr. Chang, and carried the following vote. FOR APPROVAL: Bynum, Chang, Kuali`i, Nakamura Yukimura, Furfaro TOTAL — 6, AGAINST APPROVAL: None TOTAL — 0, EXCUSED & NOT VOTING: Rapozo TOTAL -1. ADJOURNMENT. There being no further business, the meeting was adjourned at 11:21 a.m. Respectfully submitted, RICKY WATANABE Interim County Clerk /ds