HomeMy WebLinkAbout02/17/2016 Special Council minutes (C-2016-39, ES-835, ES-836, ES-837, ES-838) SPECIAL COUNCIL MEETING
FEBRUARY 17, 2016
The Special Council Meeting of the Council of the County of Kaua`i was called
to order by Council Vice Chair Ross Kagawa at the Council Chambers, 4396 Rice
Street, Suite 201, Lihu`e, Kaua`i, on Wednesday, February 17, 2016 at 1:31 p.m.,
after which the following Members answered the call of the roll:
Honorable Mason K. Chock (present at 1:32 p.m.)
Honorable Gary L. Hooser
Honorable Ross Kagawa
Honorable Arryl Kaneshiro
Honorable JoAnn A. Yukimura
Honorable Mel Rapozo (present at 3:26 p.m.)
Excused: Honorable KipuKai Kuali`i
APPROVAL OF AGENDA.
Councilmember Yukimura moved for approval of the agenda as circulated,
seconded by Councilmember Kaneshiro, and carried by a vote of 5:0:2
(Councilmember Kuali`i and Council Chair Rapozo were excused).
Council Vice Chair Kagawa: I would now like to recess this Special
Council Meeting to go back to the Housing & Transportation Committee.
There being no objections, the Special Council Meeting recessed at 1:32 p.m.
The meeting reconvened at 3:26 p.m., and proceeded as follows:
(Council Chair Rapozo is noted as present at 3:26 p.m.)
Council Chair Rapozo: I want to call back the Special Council
Meeting to order. I am not sure how far we got after lunch. Did we approve the
agenda?
SCOTT K. SATO, Deputy County Clerk: Yes.
Council Chair Rapozo: Can you read the items, please?
SPECIAL COUNCIL MEETING 2 FEBRUARY 17, 2016
EXECUTIVE SESSION:
ES-835 Pursuant to Hawai`i Revised Statutes (HRS) Sections 92-4,
92-5(a)(4), and Kauai County Charter Section 3.07(E), the Office of the County
Attorney requests an Executive Session with the Council to provide the Council
with a briefing on the Mediation of: Michael S. Kocher, Sr., individually and on
behalf of the Estate of Michael S. Kocher, Jr.; Patricia Kocher and County of Kaua`i;
Irvin Magayanes, Mediation No. 15-0482-M, and related matters.
ES-836 Pursuant to Hawai`i Revised Statutes (HRS) Sections 92-4
and 92-5(a)(2), (4), and (8), the purpose of this Executive Session is to consider
matters that require confidentiality under state law, to wit, the hiring of a County
Auditor. The further purpose of this Executive Session is to meet with the Council's
legal counsel on questions and issues relating to the Council's powers, duties,
privileges and immunities and/or liabilities, claims and/or potential claims, as such
powers, duties, privileges and immunities and/or liabilities, claims and or potential
claims relate to the foregoing item, and to take such action as the Council deems
appropriate. 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.
ES-837 Pursuant to Hawai`i Revised Statutes (HRS) Sections 92-4
and 92-5(a)(2) and (4), and Kaua`i County Charter Section 3.07(E), the Office of the
County Attorney, on behalf of the Council, requests an Executive Session with the
Council pertaining to the County Attorney and, if necessary, to consult with the
County's legal counsel. This session pertains to the evaluation of the County
Attorney where consideration of matters affecting privacy will be involved and, if
necessary, to consult with legal counsel regarding the powers, duties, privileges,
immunities, and/or liabilities of the Council and the County as they relate to this
agenda item.
ES-838 Pursuant to Hawaii Revised Statutes (HRS) Sections 92-4
and 92-5(a)(2) and (4), and Kauai County Charter Section 3.07(E), the Office of the
County Attorney, on behalf of the Council, requests an Executive Session with the
Council pertaining to the County Clerk and, if necessary, to consult with the
County's legal counsel. This session pertains to the evaluation of the County Clerk
where consideration of matters affecting privacy will be involved and, if necessary,
to consult with legal counsel regarding the powers, duties, privileges, immunities,
and/or liabilities of the Council and the County as they relate to this agenda item.
Councilmember Kagawa moved to convene in Executive Session for ES-835,
ES-836, ES-837, and ES-838, seconded by Councilmember Yukimura.
Council Chair Rapozo: I will suspend the rules with no objections.
Mr. Trask.
SPECIAL COUNCIL MEETING 3 FEBRUARY 17, 2016
There being no objections, the rules were suspended.
MAUNA KEA TRASK, County Attorney: For the record, Mauna Kea
Trask, County Attorney. Honorable Chair and Councilmembers, I would just like to
speak on the agenda item relating to the County Attorney evaluation. I just want to
make it clear for the record that first off, I am thankful for this opportunity to hear
your input about my performance so far for about a little over one (1) year now. It
has been brought to my attention by the Clerk's Office and various other people in
the County that in the past, specifically in 2008, this is prior to when I joined the
County Attorney's Office...I do not know who the County Attorney was at that
time...it was prior to Al Castillo, I believe.
Council Chair Rapozo: Judge Pyun.
Mr. Trask: Okay. Thank you. It had been opined and
advised to the Salary Commission and the County Council as memorializing the
letter from then County Clerk Peter Nakamura in July 2008 that the evaluation of
the County Attorney was beyond the scope of the Council's authority given the
separation of powers in Section 3.18 of the Kaua`i County Charter. Nonetheless,
Resolution No. 2008-200 reflected this opinion and amended the Salary Commission
Ordinance at that time to remove the evaluation of the County Attorney by the
Council, replacing it with, "The council chairperson shall be provided the
opportunity to review the county attorney's performance." I am the current County
Attorney and without offending any prior legal opinions, I nonetheless think that
today's review of my performance is appropriate and appreciated. You folks are a
very important client of the County Attorney's Office. I think your input to my
current performance and any improvement I can make in the future is appreciated
and well-sought after. I just wanted to make that clarification for the record that I
do not believe that what is going to be done today offends that or offends the Kaua`i
County Charter. I spoke with the Mayor about this and he agrees that it is good for
me to get your input about the Office's performance and how we can continue and
strive to provide you better and more accurate service. Like has been said today in
the context of other matters, the County's budget as a whole is tight and we all
resource short, and that includes the County Attorney's Office; nonetheless, I think
that is why your input is even more necessary and important. I just wanted to
make that clarification for the record that this does not offend any precedent and I
do welcome and humble myself to hear what you have to say today. That is all.
Council Chair Rapozo: Thank you, Mr. Trask. Any questions or
comments for Mr. Trask? Like you said, we are your client; not just the Chair, but
the Council. That is why I decided or informed staff that it would be a Council
evaluation of all matters and not just the Chair. I look forward to the discussion as
well. Councilmember Yukimura.
Councilmember Yukimura: I just want to publically acknowledge your
very positive and managerial attitude in receiving feedback. This is, as I
understand it, part of the process that all the department heads are going through
SPECIAL COUNCIL MEETING 4 FEBRUARY 17, 2016
with the appointing body or the confirming body and it is good practice, best
practice probably. Even as we look at a county-manager form of government where
we are going to have to be very involved with the appointment and evaluation of a
county-manager and it is good practice, also. I appreciate it.
Mr. Trask: You are welcome.
Council Chair Rapozo: Thank you. Councilmember Kagawa.
Councilmember Kagawa: If I could go to another item, I wanted to
keep everything in the public light. Mr. Trask, can you give a brief description of
C 2016-39, the Kocher and Magayanes item, just to let the public know what claim
that refers to? I think when the public hears it, they are not sure what claim this is.
Mr. Trask: The Kocher incident regards...let me see...I
can talk about what has been discussed publically, and this was relayed in The
Garden Island newspaper. On or about January 3, 2015, I believe, there was an
incident west of Kaumakani near one of the old sugarcane overpasses involving a
collision with a couple...I do not want to say the wrong last name, but a pedestrian
was struck by citizens, as well as a County police officer. This will be discussing
matters involved not with the underline claim, but insurance...or underline claim
and related insurance matters, most importantly, regarding the County's
Self-Insured Retention (SIR) limit.
Councilmember Kagawa: That is good. Thank you. I appreciate it.
Council Chair Rapozo: Thank you very much. Any other questions
or comments for Mr. Trask? If not, thank you. I will call the meeting back to order.
Any further discussion? With that, may we have a roll call to convene in Executive
Session?
The motion to convene in Executive Session for ES-835, ES-836, ES-837, and
ES-838 was then put, and carried by the following vote:
FOR EXECUTIVE SESSION: Chock, Hooser, Kagawa, Kaneshiro,
Yukimura, Rapozo TOTAL — 6,
AGAINST EXECUTIVE SESSION: None TOTAL — 0,
EXCUSED & NOT VOTING: Kuali`i TOTAL — 1,
RECUSED & NOT VOTING: None TOTAL— 0.
Council Chair Rapozo: At this point, we will recess the Special
Council Meeting and I will call the Committee of the Whole back to order.
There being no objections, the meeting recessed at 3:35 p.m.
The meeting reconvened at 5:17 p.m., and proceeded as follows:
SPECIAL COUNCIL MEETING 5 FEBRUARY 17, 2016
Council Chair Rapozo: The Special Council Meeting is called back to
order. Can you read C 2016-39, please?
COMMUNICATION:
C 2016-39 Communication (02/05/2016) from the County Attorney,
requesting authorization to expend up to $50,000.00 in funds from the Claims and
Judgments account in relation to the Mediation of: Michael S. Kocher, Sr.,
individually and on behalf of the Estate of Michael S. Kocher, Jr.: Patricia Kocher
and the County of Kaua`i; Irvin Magayanes, Mediation No. 15-0482-M, and related
matters: Councilmember Yukimura moved to approve C 2016-39, seconded by
Councilmember Kaneshiro.
Council Chair Rapozo: Discussion? No one from the public is here
to testify. Can I get a roll call, please?
The motion to approve C 2016-39 was then put, and carried by the following
vote:
FOR APPROVAL: Chock, Hooser, Kagawa, Kaneshiro,
Yukimura, Rapozo TOTAL— 6,
AGAINST APPROVAL: None TOTAL — 0,
EXCUSED & NOT VOTING: Kuali`i TOTAL — 1,
RECUSED & NOT VOTING: None TOTAL — 0.
JADE K. FOUNTAIN-TANIGAWA, County Clerk: Six (6) ayes.
Council Chair Rapozo: That ends the formal agenda for today. This
meeting is adjourned. Let us report back to the Executive Session Chambers in
five (5) minutes.
ADJOURNMENT.
There being no further business, the Special Council Meeting adjourned at
5:18 p.m.
Respectfully submitted,
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SCOTT K. SA 0
Deputy County Clerk
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