excuse is mr mike white as well i'm going to check in with our district offices in molokai e are you present haim have been identified as the defendants in their individual capacities in the christopher salem versus allen are a collar case for a total compensation not to exceed fifty thousand the council adopted the resolution on oct sixteenth two thousand  fifteen by correspondence dated january twenty sixth two thousand and sixteen the department of corporation counsel transmitted a proposed resolution to authorize an increase in compensation for special counsel by an additional seventy five thousand this is subdivision partition subdivision along lower h p aligning road and until the property was auction for sale on january twentieth two thousand and fifteen the complaint alleges damages are arising from the actions and omissions of the defendants including a failure to administer and enforce conditions imposed under developers through subdivision agreements for subdivisions including three lots or less the comm council office deputy bill berry who is present today and so i believe this is your case mr bilberry and if you could go ahead and present an open session any opening remarks that you may have  to the last time we were here that i did give an update in open session before asking for an executive session so that we could discuss the strategy that i could give you an update as to the litigation so out of this point having already given the update at the last session i'll just request of you below if we going to executives session so i can discuss the strategy for the case and give you an idea of where the  zero nos one excuse me she carries thank you members moving on to the next item on the agenda we have how to ocean resorts of villas vacation owners association it all versus county and now it all civil number thirteen dash by ocean resource ability cation owners association alleged violations of the u s and white constitutions in violations of the sunshine law in the determination of the timeshare real property tax rates for the county for  years two thousand and fifteen two thousand and fifteen fourteen two thousand and sixteen deputy corp council brian bill barry has requested this opportunity to provide the committee with status updates on this case mr bill baer this is your case the floor is yours for presentation yet this case is currently live a geisha and we have a trial date set for september which i don't believe is for because i understand that the judge is double set  nevertheless i would like to i want to come in give an update as to the status of the case and talk about strategy going forward so i would request that we go into executive session to have that conversation as well ok there's been a request to go enter into executive session the chair will entertain a motion to convene an executive meeting pursuant to section ninety two dash five a four of the h r s to consult with legal counsel on questions and issues pertaining to powers duties privileges immunities and liabilities for the county the council and you members moving on to the next item on today's genda cow one thirty two settlement authorization u s equal employment opportunity commission verses county of maui police department at all civil number thirteen dash zero zero six nine eight k c the department of corp council is requesting consideration of the proposed resolution to authorize settlement of the case of the us equal opportunity commission versus county of maui please department the complaint in this case of our sand and sand storm applied for employment with the department of police but was not hired to age discrimination and the county of maui violated the age discrimination in employment act christian counsel you may present thank you chair we didn't meet previously on february fifth two thousand and sixteen and i provided this body with some information in executive session during that meeting there were additional questions raised and i have gotten the information that was requested and am able to provide that in executive session it will need to be handled in executive because this matter is actively being litigated and the settlement requests and so forth are confidential and give members any questions in open session seeing nine others have been a request to enter into executive session the chair will entertain a motion to conven executive meeting percentage section ninety two five a for h r s to consult with legal counsel on questions and issues pertaining to powers duties privileges immunities and liabilities of this county this committee as as well as this counsel on behalf of his insured sita and those somewhere out there is the department of corporation counsel is requesting consideration of the proposed resolution to authorize settlement of this claim which alleges damages to miss morales's vehicle resulting from a collision with a department of police vehicle on come onto avenue in maui hawaii on august eighth two thousand and fifteen the purpose of the proposed resolution is to authorize as the floor is now yours thank you i believe that this is something we should may be able to handle in open session i have provided you with all the documentation i have on this claim basically the facts are that our on on august causing the damages that have been outlined on the recap she supplied about page ten or thereabouts in your packet of materials the insurance company has said brigaded to the county for what they have paid for this and the total man is twenty one thousand two hundred fifty dollars and five cents that includes the deductible that was paid by a mist morales and i am asking for settlement authority in that amount for two members any questions that you may have i believe we're not going into executive session of this because we're just getting the chair will recommend authorization of the settlement amount of twenty one thousand two hundred  yes is the officer terminated no if you want to get though into his employment record we're going to need to have the chief present i know he's coming today and discuss that an executive officers that they are put back into remedial the driving classes and if discipline is appropriate then they would address it in that way but whether or not this officer received any i just don't know and it's not something we could discuss in open and he just would you mind responding or having any type of explanation  training so the review in for a nice by your appropriate person or chief is still ongoing and you have yet to address any disciplinary or corrective measures at this point i did put in a request it had the administrative review board had revealed the case and issue a recommendation i don't know what we had issue the officer at this point than i would like to within this committee's purview and so as one if you see the growth in this type of cases if we could call it that chief where maybe you need some adjustments on how to get corrective mentality more accepting than i know it's something that i always talk about to my command staff about it and did know one thing about issuing a discipline or looking into this type of case i see it whether you you back up the car and bump into something we initiated investigation so  all the way up to to the nature to the severity of this incident so we do take corrective action and i don't see it increase again we keep reminding and i think if you look at the time that the out on the road compared to what the accident reported to us i think i don't see any increase i think it is pretty controlled by the department about thank you for that chief and  i ask you that because i support your department and i wanted our community to know that our chiefs our management of this department is well aware of the issues and i was looking forward to looking at ways of improving large that you and your chiefs are very much on this type of improvements within your operations so i thank you very much thank you so much thank you i'll do a quick follow up with obama's question so maybe about fifteen years ago they used to have where when a police officer would get into an accident or required i guess retraining on driving training or something like that i vaguely remember do you does your department still and i guess implement such a policy yes it is what we continue doing that now that was one of the first thing i notice when i when i think when i first got exposed to sitting in front of you and asked for money i was a captain at a time and i remember you are some tough questions so when i became a chief i i asked my training staff and my command staff i bought it and i said what are we doing to to address those issue you know from the council and yes we did a research without training section reach out to other counties and they do have a retraining is there any other questions that we have in open session ok i believe that we have a motion on the floor by mr bello as well as a second by mr victor reno any further discussion i'm going to call for the vote a first amendment complaint and the case alleges that the plaintiff has suffered violations of their rights under the fourth fifth day and night and fourteenth amendments to the united states contra constitution in article one of the case and the floors yours and i believe this can also be done in the open session this matter is in open or sorry active litigation but sam only seeking indemnification of the officers that were involved who were acting within the course and scope of their duties i have reviewed all of the investigative files related to this in addition we we are actually in active discovery so i have received written discovery responses to our requests from the plaintiffs and have also subpoenaed records out of state to support my representation to you that they were acting in good faith during this and also within the course and scope so at this point i am just time were that there was a burglary terroristic threatening case associated with a miss a man named david minot money artists who was living in wailea he had come out to maui and hired sanchez while he was at a restaurant he just had a falling out of some sort and then mr money out to celeb to police that both of these plaintiffs appeared it is home that they were armed and threatened him and then he called nine one one and police responded police found the now plaintiffs in this case they did recover firearms for them they were not registered in our state they certainly did not have open carry permits and so both were arrested they were held for short periods of time and then released and after the fact the plaintiffs claimed that because they were qualified law enforcement officers that the arrests were improper but we do have registration laws in our state  regardless of what the federal law may require them or allow them to carry in terms of firearms at the time of this incident mr grig zero was the chief of cuban new mexico's police department i think there were a total of five officers total he was a political appointee and mr sanchez was the fire chief also in cuba new mexico i don't believe that either of them are currently holding those positions and i think that mr sanchez actually was a volunteer police officer under mr grig goes charge at the time so it's our allegation it's our belief that the officers acted appropriately in this situation mexico yes and i said they went to their training in like we put our trainees before they become of fish officer one or two in our department this issue about the firearms it under legal pretenses or not it's lutie thank you what happened here is that create go was a law enforcement officer and he was the one that transported the firearms the transportation  firearms in state was properly done but he had five days to register them and this came after the for the fifth day he never registered it he's claiming that one of the former m p officers told him that it was appropriate but it's his obligation to check the law on that so i don't think that's really in dispute they don't dispute that part of it mr sanchez was a volunteer law enforcement officer but he received no training from their law enforcement academy i don't know how they run their sort as i would consider in the document and yet there is no official training to be a reserve officer in that state no nothing according to their subpoenaed both the police department their training facility his fire records you name it i subpoenaed it we're going out there serving any house we served everybody and he has no training records whatsoever on this specific issue and so the firearms actually belong to who was the chief of five and then he brought them out and and mr bundy at this is in no way involved in this case at all except that he hired the two plaint way or case but we are still handling you we're just asking that our employees be represented by you not by special counsel misleading yes that's correct we're going to handle this there's no conflicts here and we'll try motions of course to try and get this case whittled down to if not dismissed on the merits or lack there of anything further numbers so the chair will entertain the second by mr victory no any further discussion see none of those in favor say aye all those opposed saying no we have eight eyes your nose and one excuse motion carries thank you members for moving on to the next don't believe that's it that's it so we are going to take a recess at the call of the chair so that we can set up for executive session  motion carries thank you members moving on to the next item pursuant to our next question and executive session i'm calling up cow one friend to ocean resorts and villa vacation owners associations at all versus county eyes zero nose and one excuse motion carrie thank you very much members that will conclude our today's agenda and have a very safe and well enjoyed we get alo