HomeMy WebLinkAboutFY 2017 Office of the County AttorneyRE CEIVE D
COUNTY OF KAUA'l ·1 6 MAR 21 P12 :29
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OFFICE OF THE COUNTY ATTO .RNEY
2017 Budget P r esentation
Mauna Kea Trask
County Attorney
Ma tth ew M. Bracke n
First D eputy County A tt orney
--
Growing Kaua 'i responsibly .
OFFICE OF THE COUNTY ATTORNEY
I. Mission Statement
The mission statement for the County Attorney's Office is "to dilig e ntly r e nder proficient legal
se r vices ethically aod honorably ; and to act as an advisor and advocate to the various county
e ntities which comprise the County of Kaua 'i on behalf of the people ."
II . Value Statement
Kulia I ka nu'u
-Queen Kapio l ani's motto
ID. Fiscal Yea r 2016 Successes a nd Achievements
The County Attorney's Office is happ y to r e p ort that it has realized numer ous s uccesses and
achievement s durin g fi sca l yea r 2015-2016.
The advice and counsel unit contin ue s to provid e all necessary legal advice and review to the
following entities: the County Comicil , each counci l member, the Office of th e County Clerk , the
Office of t h e County Aud itor , the Mayor , t h e Office of the Mayor , the ADA Coordinator, Lif e's
Choices Kaua 'i , Mayor's Advisory Committee for Eq ual Access (MACFEA), Public Information
Office , Board s and Commissions, the Agency on E ld erly Affairs , Civil Defense Agency , Finance
D epartment, Procur eme nt Division of the Finance Depa11ment , Economic Development , Fir e
Department , Hou sing Agency, Liquor Control , Park s & Recreation , Per sonne l Services, Plannin g
Department , Police Department , Prosecuting Anorney, Public Works , Transportation Agency ,
and Water D epartment. Fuithermore , the advice and counsel uni t continues to provide essential
l egal guidance to avoid futme litigation .
Some of the successes and achievements of the Advice & Counse l Unit are :
1) Assisted Hwnan Resources Departm ent complete a new Poli cy Against Di scriminat ion ,
Harassment , and R etaliation
2) Assisted Kaua'i Police Departm ent with their effotts to procure a Records Management
System that would reduce reporting time and result in a faster re s ponse time
3) Assisted Kaua'i Police Department with the policy aspects of implementing their Bod y
Worn Camera program to enhance accountability and transparency
4) Assisted Purchasing in its initiative to update the County's General Terms and Conditions
for Construction in which modernized both construction and procurement standards
5) Assist ed Purchasing in its initiative to move the County towards greate r use of electronic
records and e lectronic signatures which will improve operational efficie ncy , create
opportunity for cost savings, and address the county 's storage issues
6) Assisted Kaua'i Fire Depa1tment in procuring a Med i cal D irector
7) Assisted Civil D efense Agency with the final phase in completing the infrastructure of
bringing the radio syst em to modern technical standards for digital radio for state and
local public safety
2017 Budget Pre se nt atio n Page 1
8) Assisted Publi c Works with finalizing the contract for the infi:asnucture improvements
for P uhi Road
9) Con d ucted OIP Training for County Employees which promotes open and transparent
government
10) Assisted Human Resources D epartment with su p ervisor training for Kaua' i Police
D epartment and Kaua' i Fire D epartment
The litigation un i t has operated efficiently and effective l y for one year providing necessary
litigation support to various departments w hil e decreasing the County's d e p endency o n spec ial
counsel. In our first six months of la st fiscal year our office encumbered $421, 750.00 for special
co unsel ; in the first six months oftne current fiscal yea r our office encumbered $120,000.00 for
special coun sel. The cun-ent s pecial counsel contracts were r ev i ewed durin g the creation of the
.liti gat ion unit and a numb e r of contracts were cance l ed. The $1 20,000.00 encwnbered for this
fiscal year pays for 14 spec ial counsel co nt racts, signe d before the creation of the l itigation unit,
and 2 new cases. Durin g the first six months oflast fiscal we had 35 new cases; during the first
six months of this fiscal year we ha ve 65 new cases. Our case load has essentially doubled from
the prior fisca l year a nd yet we ha ve managed to substa nti ally reduce the County 's reliance on
special counsel.
T he litigation unit is managing the majority of the new litigation filed against the County as well
as filing nec essary cases to protect the County's intere sts in all of th e va riou s judicial and quasi-
judicial venues including Federal Di strict Court , State Circuit Court, State District Court, State
and Federal Appellate cowts and the various administrative agencies. Cases fi l e d by the County
include small c l a im s act ion s for damage to the city buses and collection of delinquent account
receivables.
With help from variou s departments, this unit focused on the 30 most delinquent account
receivables and managed to negotiate immediate payment or payment plans i n an amount
exceed i ng $115,000.
As a whole, the Office has co n tinued to provid ed general assistance, legal guidance, and legal
support to the: Arborist Committee, Board of Ethics, Board of R eview, Board of Water Supply,
Building Board of Appeals, Charter Review Comm i ss i on, Civil Service Commission , Committee
on the Status of Women, Cost Control Commission, Fire Commission, Historic Preservation
Commission, Open Space Commission , Plannin g Commission, Police Commission , and Salary
Commission.
During the last year we have welcomed three highly qualified attorneys and an expe rienced legal
clerk to our staff. Each individual has brought distinct strengths to our Office and this
exceedingly capable group continues to work together cohesively.
IV. 2016 Goals and Objectives
Goal: Provide time l y competent l egal advice and representation to
the Mayor , County Council, and to all D e partments. Commissions ,
Boards and Agencies.
2017 Budget Presentation
Will objectives be
accomplishe d by
6 /30/2015?
Page 2
Objective: Decrease the use of special counsel Yes
The County Attorney's Office was reorganized to provide a
litigation division and advice and counse l division. The five
attorneys assigned to the litigation division have been assigned to the
majority of the new litigation cases. This has substantially reduced
our dependence on the use of special counsel. Our office does
recognize that in some cases, due to conflicts or the facts of the case ,
the wring of special counsel is necessary.
Objective: Allow eac h deputy to attend at least on specialized Yes
attorney training program
Each deputy was provided with an opportunity to attend the
Municipal Attorneys Conference. Th e conference discussed many
r elevant areas oflaw including: labor /employment l aw, su n shine law
r efo1m, parliamentary procedure, ethics, Federal and State
Conservation Designations, Environmental Cow1 update , C l oud-
based environme nt s -liability, secm it y , and privacy concerns , legal
framework for making electronic infonnation accessible to persons
with disabilities , and upcoming tax issues. Attorneys also
participated in continui ng educational classes.
Objective: Educational opportunities for tbe public in the form of Yes
legal info1mational pieces
The County Attorney's Office is currently working with the Kaua'i
County Council to do a presentation on the new Hawai 'i State
Judicia1y Environmental Court program. This is a new judicial
i11itiative that we believe the Kaua·i community would li ke to know
more about.
V. C h a ll enges
The Office of the County Attorney's budget i s only possible with the s upp ort of every County
department. With the creation of the litigati on unit , the County Attorney's Office can no longer
provide advice on non-legal matters or respond to general non-specific legal inquiries. Reque sts
for legal advice must be well articulated and researched before submission to the County
Attorney's Office.
The Office of the County Attorney requires ongoing training , for the staff and attorneys. The
attorneys must maintain their professional licensure and are also expected to be familiar with a
wide variety of legal areas. It is necessary to provide the attorneys with training so they are
familiar with the applicable areas oflaw and can then confidently provide legal advice. While
the staff i s very experienced, trainings focused on court rules and procedures w ill likely aid the
entire office. Competent representation requires the legal knowledge , sk ill , thoroughness, and
preparation that can only be achieved through training.
2017 Budget Presentation Page 3
The statistics clearly show that the work load of the County Attorney 's Office is increasing.
Staffing levels and case management will continue to be a challenge in an increasingly regulated
and litigious world.
VI. 2017 Goals an d Objectives
The Office>s fundamental goal is to provide timely competent legal advice and representation to
the Mayor, County Council, and to all Departments, Commissions. Boards and Agencies. All of
the Office objectives are directed at increasing efficiency and time utilization .
The Office's objectives are as follows:
l . Implem e n tation of case management software
2. Increased training for each deputy and the suppo 11ing staff
3 . Utilize document generation software to increase office efficiency
4 . Continue to work with various County Depa1tments to pursue any and all moneys owed
and due to the County
VII. Statistics
The following statistics aJ'e used to keep track or our case load , h oweve r , the statistics fail to
s h ow the depth of our quaLitative work.
Document Preparation. Review and Approval Statistics
Opinions
Num b er of opinions
Legal documents
(proclamations , ordinance s, rules, and resolutions)
Contracts
(materials , labor, supplies, equipment, consultant
appraisal, services, and construction)
Conveyances
(dedication, warranty, quitclaim and coffection
deeds , easements , and miscellaneous agreements)
2017 Budg et Presentation
7 /01 /15 -1 /31 /16
62
30
333
1 97
Page 4
Miscellaneous documents
(revocable pennits , waiver and indemnity
agreements, pennits , right-of-entry docwnents,
re l eases, l eases, concess i on agreements , c h arter
of incorpo r ation and by-laws , legislative bill s,
claims, cowt pleadings)
Documents reviewed
Do cumen t s a pprov e d as to form and legality
Docum en t:s pr e par e d
Co ur t Mat t e r s
Pending
07 /01/15
CASES F I LE D AGAINST C O UN T Y
U.S. Su pr e m e Court 1
9th Circ u it Cowt of Appeals 1
U.S. District Cowt 7
U.S. Bankruptcy Court 0
Ha waii Sup rem e Cour t 5
Inter. Court of Appeals 12
C ir cu it Court , I s t -3rd 0
Circuit Court -5th 94
Di str i c t Co urt 1
D e pattm e nt of Health , State of Hawaii 0
L a nd Court, S t ate of Hawaii 2
A dmin . H earings, State of Ha wa ii 0
U.S. EPA 0
T ax Appeal Co urt 44
2017 Budget Presentation
2,1 38
2 ,855
795
375
Cases
Fil ed
07 /0 l /15 -Pending
0 l/3 l /16 Closed 01131/16
() 0 1
I l 1
I 0 8
J 0 1
J 0 6
3 0 1 5
1 0 1
5 6 93
2 2 1
0 0 0
1 0 3
0 0 0
0 0 0
8 4 48
Page 5
CASES FIL E D BY COUNTY
U.S. Supreme Cou 1 1 0 0 0 0
9t h Circu i t Cow1 of A p peals 0 0 0 0
U.S. D istrict Court 0 0 0 0
2n d Judic i a l D istrict Co u rt,
State of Nevada (Co un ty of W a sh oe) 1 0 0 I
U.S. B ankru p tcy Court 0 0 0 0
H awaii S upr e m e Court 0 0 0 0
To te r . Co u rt of Appea l s I 0 0 1
Circ u i t Co ur t, 1 st -3 rd 0 0 0 0
Circ ui t Co urt -5t h 11 0 0 11
Di s t r i c t Co w1 15 1 3 3 2 5
D e p a 11m e nt o f H e alth , S t a te o f Haw aii 1 0 0 1
T ax A pp e al Co wt 0 0 0 0
Cases
F il ed
P en d ing 07 /0 1 /1 5 -P e nd i n g
07 /01/1 5 01 /31/16 C l osed 01/31 /l 6
CLAIMS AGAINST COUNTY 1 5 6 20
CLAIMS FILED BY COUNTY 4 2 4 2
WORKERS' COMPENSATION 1 0 0
GRIEVANCES 3 7 9 1
CIVIL SERVICE COMMISSION 0 0 0 0
HA WAI'I LABOR RELATIONS BD 1 8 1 7
EEOC 1 6 2 9 9
DLIR= EMPLOYMENT SECURITY
APPEALS 2 2
DCCA 0 0 0 0
MISCELLANEOUS 9 2 8
Land Use Comm i ssion & Publ ic
Uti l it i es Commission
CONTESTED HEARINGS 3 29 0 32
SUBPOENAS 0 4 2 2
2017 Bud ge t Pr ese ntation Page 6
VI . Bud get O ve rvi ew
Salary and Wages
Benefits
Utilities
Vehicle/Equip, Lease
Operations
2017 Budget Presentation
FY 2016 Operating Budget
•Salary and Wages
•Benefits
Utilit ie s
V ehic l e /Eq u ip ,
L ease
•Opera t ions
FY 2017 Operat i ng Budget
FY 2016
1,175,064
635,312
5,000
0
540,345
2,355,721
•Salary and Wages
•B e ne fi t s
U t ilities
Vehicle/Equip,
lease
•Op e rat i ons
FY 2017 ~+I -
1,277,651 102,587
636,433 1,121
5,000 0
0 0
983,548 443,203
2,902,632 546,911
0 /o +I -
8.7%
0.2%
0.0%
0.0%
82.0 %
23.2%
Page 7
VIII. Budget Discussion
The key changes to our budget this past fiscal year revolved around the creation of a dual
structured office comprised of a Litigation unit and an Advice and Counsel unit , and to this end it
was a resounding success. Our reliance on special counse l and the concmTent financia l liability
associated therewith has decreased dramatically, however , the costs of litigation are now born by
both our Office's Advice and Counse l and Litigation units in the fo1m oftime and money. As
Abraham Lincoln had said, '·a la wyer's time and advice is hi s stock in trade."
The Advice and Counsel branch has had the ability to focus on rendering well-reasoned and
pragmatic a dvi ce to the entire County which has resulted in an unquantifiable but recognized
savings in the fonn of avoiding expensive litigation and other adversar ial actions. The Advice
and Counse l branch h as also begun the monumental task of updating and stan dardizing County
contract forms to allow the departments to better negotiate with private contractors and save time
and money by both the individual departments , the County Attorney 's Office , and the
Department of Finance who along with our office must process al I County contracts.
Given our taking in a majority of litigation in-house the Office n ow bears more litigation costs.
D eposition costs, filing fees, process server fees, and expert witness reports are common
expenses associated with litigation . Historically , these costs were not shown in our budget as
they were included in the cost of special counsel. Th e litigation expenses will likely fluctuate
ba sed on the number of active litigation cases, which is beyond the control of the Office of the
County Attorney. This year's budgetary request is based on our current expenses and the cunent
active cases with the caveat that we cannot anticipate what can and will happen in the future.
Due s and subscriptions are an increasingly important pa1t of our budget as they include all of the
legal resources used in litigation and to pro vide advice and counse l. As we all know the law i s
not static a nd changes eve ry State and Federal le gislative session and with every new appellate
opinion at both the State and Federal lev el. Our Office can only provide legal gu idan ce if we
h ave access to necessary updated legal references. These references include the resources
provided by Thomson. Reuters Westlaw. Budge t increases reflect projected contractual payments
for resources under our current Westlaw contracted subscript io n.
The County must realize that its Attorney's Office is limi ted n ot only by monetary resources but
by hours in a day and days in a week. Administrative and Legislative support of not only the
County Attorney's Office but also of the Human Resource s Department and the Department of
Finance i s necessary in order to continue to provide our community with a high level of service
with the resources at our disposal. Finally , each individua l department must continue to strive to
improve t h eir own operations including but not limited to contract management, personnel
management and achieving their goals in orde r for our office not only to better serve their
purposes individually but to serve the County as a whole.
The County Attorney's Office did have a major budgetary increa se in its Consultant Services line
item under accow1t number 001-0301-513.32-00. The Department request for this line i tem was
$10,000.00. However , due to the pending Request for Proposals fo r a County Waste to Energy
2017 Budget Presentation Page 8
facility the Administration thought it prudent to increase this account by $440,000.00 for
specialized legal services related to this project.
201 7 Budget Presentation Page9