HomeMy WebLinkAboutResolution No. 2014-33COUNTY COUNCIL COUNTY OF KAUA`I ii32 01 Ut tOfl 201-4 33 RESOLUTION ENCOURAGING THE ROLE OF ALTERNATIVE DISPUTE RESOLUTION METHODS FOR CONFLICT PREVENTION IN THE COUNTY OF KAUAI WHEREAS, as stated in the Charter of the County of Kaua`i, as amended, the County of Kaua`i is responsible for promoting "the general welfare and the safety, health, peace, good order, comfort and morals of its inhabitants"; and WHEREAS, the County of Kaua`i faces many legal disputes both internally and with outside parties, sometimes creating rifts within County government and the community; and WHEREAS, for Fiscal Year 2013-2014, 12 out of 304 cases from July 1, 2013 through February 26, 2014 utilized Special Counsel, and within two months from the start of Fiscal Year 2013-2014, the total budget allocation of $534,268 for Special Counsel was depleted, resulting in subsequent money bills totaling $595,053 to cover costs for Special Counsel obligations; and WHEREAS, conflict resolution alternatives such as mediation, facilitation, and arbitration resolves disputes impartially to avoid litigation which may be costly, time consuming, and trigger unnecessary disparagement, that will ultimately affect the citizens of Kaua`i; and WHEREAS, facilitation is the process of managing a group discussion in a cooperative environment to successfully make decisions based on consensus, which are guided by a facilitator who does not make substantive contributions, but assists with the planning of agendas and defining the issues; and WHEREAS, mediation is the process of discussing, defining, and resolving disputes privately in a mutual and acceptable manner, which are guided by a mediator who assists with the communication process using various skills and techniques so parties are able to reach an agreement on their own accord; and WHEREAS, arbitration, more commonly used for contract disputes, is merely a "mini -trial," and is conducted via an arbitrator who evaluates disputes between parties and makes binding decisions with little or no option for appeals; and WHEREAS, although these Alternative Dispute Resolution processes may not be ideal for certain situations, and will require the willingness of all parties to participate and reach some form of resolution, the advantages of resolving a dispute before it escalates into costly, timely litigation may be more efficient for the County of Kaua`i; now therefore
BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF KAUAI, STATE OF HAWAII, that the Kaua`i County Council pledges and is committed to exploring Alternative Dispute Resolution methods as a promising and cost-effective tool in resolving disputes before litigation. BE IT FURTHER RESOLVED, that the Kaua`i County Council encourages all County officials to explore Alternative Dispute Resolution methods to address adversarial situations prior to resorting to litigation. This Resolution shall not compromise any agreements with Collective Bargaining Units, and is merely to encourage resolving conflicts internally, in an attempt to provide cost savings for the County. BE IT FURTHER RESOLVED, that a copy of this Resolution be transmitted to Mayor Bernard P. Carvalho, Jr., the Office of the County Attorney, and the Department of Personnel Services. Introduced by: MASON K. CHOCK, SR. V:\RESOLUTIONS\2012-2014 TERM\2014-2207 RESO - ADR MC_ AB mn.doc eva.4i.ccae daoption. 71-% °W`e`t' `c- ax gleoo atop a 2014-33 OC0.4i, i, car- .+,`e, `Kaua.`i, `i, on. May 2 b5-29-2014 air Mali Saca Ej3 rum X X Jut'.X x JCa rsnla X JZ.aja3a X J,;... X 5° 6 0 1 0 eva.4i.ccae daoption. 71-% °W`e`t' `c- ax gleoo atop a 2014-33 OC0.4i, i, car- .+,`e, `Kaua.`i, `i, on. May 2 b5-29-2014