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HomeMy WebLinkAbout051313_CCC Minutes_Approved1m(CZ)(tt)����r�oFKq�„ RRIAFT�Tj�B��A9i�iroueN Minutes of Meeting OPEN SESSION Board/Committee: I COST CONTROL COMMISSION Meeting Date I May 13, 2013 Location Mo'ikeha Building — Liquor Conference Room Start of Meeting: 1:00 p.m. End of Meeting: 1:08 p.m. Present Chair Sandi Sterker; Vice -Chair Arryl Kaneshiro; Members: Dirk Apao, Joanne Nakashima, Glen Takenouchi, Laurie Yoshida Also Deputy County Attorney Mona Clark; Board & Commissions Office Staff: Support Clerk Mercedes Youn; Administrative Aide Teresa Tamura Excused Commissioner Lawrence Chaffin. Jr. Absent SUBJECT DISCUSSION ACTION Call To Order Prior to the start of the meeting, Eddie Topenio Administrative Assistant to the County Council gave the Oath of Office to Commissioner Joanne Nakashima. Chair Sterker called the meeting to order at 1:00 p.m. Chair Sterker welcomed new Commissioner Joanne Nakashima to the Commission. Approval of Regular Open Session Minutes of April 8, 2013 Commissioner Takenouchi moved to approve Minutes the meeting minutes as circulated. Commissioner Apao seconded the motion. Motion carried 6:0 Business CCC 2013 -13 Communication dated April 24, 2013 from Chair Sandi Sterker to County Attorney Alfred Castillo, Jr., requesting that the County Attorney provide a cost and savings analysis of establishing a two - member litigation team in the Office of the County Attorney. Commissioner Takenouchi moved to receive Chair Sterker called for a motion to receive item CCC 2013 -13 for the item CCC 2013 -13 for the record. record. Commissioner Apao seconded the motion. Cost Control Commission Regular - Open Session May 13, 2013 Page 2 SUBJECT DISCUSSION ACTION Motion carried 6:0 Chair Sterker explained that at the last meeting, the Commission discussed the County's special counsel contracts and expenditures, including hearing a presentation from County Attorney Alfred Castillo related to establishing a two- member litigation team in the County Attorney's Office. In his presentation Mr. Castillo stated that a Deputy County Attorney's position cost the County about $143,000 a year with a base salary of $94,000, which includes benefits. He also indicated that prior to the current fiscal year the County Attorney's Office saved the County roughly $2 million dollars from going out to seek special counsel. Chair Sterker pointed out that in the communication dated May 6, 2013, from County Attorney Castillo, he indicated that a two- member litigation team would cost the County of Kauai approximately $300,000 per year for two deputy county attorneys. A legal clerk would cost at least $50,000 total. As such, the cost for a two - member litigation team and a legal clerk to support the team would cost approximately $350,000 to $375,000 per year. She also mentioned that in fiscal year 2012 to 2013 the County of Kauai spent approximately $1.3 million dollars for special counsel alone which does not represent settlement amounts. Chair Sterker stated that she felt the numbers showed that it would be cost effective for the County to have a two - member litigation team. Chair Sterker asked what other type of assignments would be available for the team other than litigation. Ms. Clark explained that regardless of the amount of work in the County Attorney's Office there would be plenty of other assignments to sustain the litigation team. Chair Sterker felt that Mr. Castillo's presentation was thorough and that she was comfortable with putting forward a recommendation to the Mayor Cost Control Commission Regular - Open Session May 13, 2013 Page 3 SUBJECT DISCUSSION ACTION for a two - member litigation team in the Office of the County Attorney. She pointed out that some of the attorneys that are currently in the office do not have enough litigation experience to handle certain cases and that was one of the reasons the County Attorney had to seek special counsel. Ms. Clark pointed out that time was also an issue and having a dedicated litigation team would benefit the office largely because it would give the other attorneys the opportunity to service the other departments including the County Council. Vice Chair Kaneshiro stated that he was satisfied with the response because it provided background information to support the recommendation. He questioned why Mr. Castillo didn't include the positions in his FY 2013 -2014 budget. Commissioner Yoshida questioned whether it was possible that Mr. Castillo's request for a two - member litigation team was rejected by the County Council and that he is now going through the Commission for a recommendation through the Mayor to obtain those positions. Vice Chair Kaneshiro stated that it wouldn't matter because this time the recommendation would go to Council with the support of the Cost Control Commission. Chair Sterker pointed out that another reason for the recommendation is because on numerous occasions Mr. Castillo was questioned why the County Attorney's Office had to seek outside special counsel to represent the County. She noted that at a previous meeting the Commission was informed by Mr. Castillo that there were no litigation attorneys here on island. Cost Control Commission Regular - Open Session May 13, 2013 Page 4 SUBJECT DISCUSSION ACTION Commissioner Yoshida stated that the $1.3 million dollars for special counsel would not go away completely because there will be certain cases in which the County Attorney will have to seek outside special counsel but hopefully by having a two- member litigation team it will reduce the amount by more than $375,000 a year. Commissioner Takenouchi pointed out that this recommendation is for consideration in the FY 2014 -15 budget. Chair Sterker confirmed that at its last meeting, the Commission amended its motion to hire a two- member litigation team for FY 2014 -15 budget and the meeting today was to include the cost and savings analysis report to support the Commission's recommendation to the Mayor. Chair Sterker called for a motion to receive the communication dated May Commissioner Yoshida moved to receive. 6, 2013, from County Attorney Alfred Castillo, Jr. regarding the Commissioner Takenouchi seconded the motion approximate cost for a litigation team. Motion carried 6:0 Chair Sterker called for a motion to include the communication dated May Commissioner Yoshida moved to include the 6, 2013, with the recommendation. communication dated May 6, 2013 from County Attorney Alfred Castillo, Jr. along with the recommendation to hire a two- member litigation team in the Office of the County Attorney. Commissioner Takenouchi seconded the motion. Motion carried 6:0 Announcements Next meeting — Monday, June 10, 2013, at 1:30 p.m. at the Mo'ikeha Building, Liquor Conference Room. The Office of Boards and Commissions will no longer be providing bottled water to our members starting July 1, 2013. This is one of our sustainability goals. Staff will provide cold water using a filtered system Cost Control Commission Regular - Open Session May 13, 2013 Page 5 SUBJECT DISCUSSION ACTION (i.e. Brita), so please bring in your water bottle that have been provided to you. Adjournment At 1:08 p.m. Chair Sterker called for a motion to adjourn the meeting. Commissioner Yoshida moved to adjourn the meeting. Commissioner Takenouchi seconded the motion. Motion carried 6:0 Submitted by: Mercedes Youn, Staff Support Clerk (X) Approved as circulated on June 10, 2013 ( ) Approved as amended. See minutes of meeting. Reviewed and Approved by: Sandi Sterker, Chair