and bob carroll ok and for our staff we have committee secretary tammy for us legislative attorney carlin the kata we also have for our corporation council deputy corporation thousand thank you before we begin let me check do we have any buddy signed up to testify ok why don't we go ahead and check in with our district offices and hanukah district office cow one twenty five and let's read the description here for the record the committee is in receipt of the correspondence stated gen twenty first two thousand and sixteen from the department of corporation counsel requesting consideration of a proposed resolution entitled authorizing settlement in the matter of grievance arbitration between the state of hawaii organization of the police officers on behalf of clinton via and the county of m police department shuffle case number and dash two fourteen taxes zero seventy three the proposed resolution states that the state of hawaii organization of police officers has filed a grievance on behalf of the former police department officer clinton go via the purpose of the proposed resolution is to authorize settlement of the case the committee may consider whether to recommend adoptions the proposed resolution with or without revisions and also may consider other related actions gauvin has filed a grievance through his union which is show poe he was a police officer that was terminated by the department this is an active arbitration there is not currently a date set but there is we do have an arbitrator in this is pending there has been a demand provided to the county in this manner and that is something we would like to present to you it'll have to be an executive session because of the nature of grievances and also the fact that it's a settlement offer or demand ok also just to note for the record we're also in receipt of the revised proposed resolution and that is transmitted by correspondence state february first two thousand and sixteen from the department of corporation counsel correcting t show book case number members also as previous previously noted this is this how this case has been authorized already had authorized settlement via resolution fifteen dash one thirty eight so is there any questions that we may have an open session is your request to enter into executive session yes chair thank you the chair will entertain a motion to enter into into executive session pursuant to section ninety two dash five a for of the h r s to consult with their legal counsel on questions pertaining to powers duties and liabilities regarding this county this committee and because the council and also section ninety two dash five a eight of the h are asked to deliberate and making decisions of making of making decisions on matters that require say no we have five eyes your nose for excuse motion carries ok members moving on to the next gen to i don't we have cowl one twenty eight and i will read for the record th description of the committees in receipt of correspondence dated january fourteenth two thousand and sixteen from the department corporation counsel requesting consideration of the proposed resolution entitled authorizing the settlement of lisa l help move of verses county of maui disability compensation division case number seven dash zero nine zero zero three two six the claim alleges work related injuries sustained on january twenty first two thousand and nine the purpose of the proposed resolution is to authorize settlement of the case the committee may consider whether to recommend adoptions of the resolution with or without revisions and also may consider other related matters believe this is where it's mr rose mr rose i can do the introduction of part of this this is a worker's compensation matter and because the nature of that type of matter we will need to request executive session in order to address settlement in that particular case of thank you so is there any questions in open session seeing none there's been a request to enter into executive session the chair will entertain a motion to convene executive meeting pursuant to section eighty two dash five a four of the h r asked to consult with legal counsel on questions pertaining to powers duties liabilities and privileges concerning the county council and this committee and also under section one hundred two dash five a eight of the h r ass regarding decision making and deliberation that requires consideration of information that would be held confidential under order or under federal or state law members were i think that i miss it a matter here oh i did i apologize members reverting back to the agenda we have cow one thirty two and for the record the description the committee is in receipt of the correspondence dated point january twenty second two thousand and sixteen from the department cooperation council requesting considerate consideration of the a nation in employment act of one nine hundred sixty seven as amended the purpose of the proposed resolution is to authorize settlement of the case the committee may consider whether to recommend adoption of the proposed resolution with or without revisions as well as to consider any other related actions a position mr sansom claims that the police department did not hire him because they were discriminating against him based on age he is he was forty five years old at the time of his application in open session the chair will entertain a motion to enter and into executive session pursuant to section ninety two dash five a four of the h r s to consult with their legal counsel on questions pertaining to powers duties and liabilities regarding this county this committee and the council and also section ninety two dash five a of the h r asked to deliberate and making further discussion seeing none of those in favor say aye and one of those opposing no we have five eyes your nose for excuse motion carries members moving on to the next agenda item cow one twenty eight and this is the description is believe mr rose case by the committees in receipt of the correspondence dated january fourteenth two thousand and january twenty first two thousand and sixteen from the department of state scuse me i strike that because it's actually cow one twenty nine members on the agenda the committee is in receipt of a correspond january twenty first two thousand and sixteen from the department of corporations council requesting consideration of the post and resolution entitled authorizing settlement of lars and cast converses county and now a disability compensation division case number seven eleven zero one one five five of the labor and industrial relations appeals board case number eighty two fifteen dash three nineteen am the workers compensation appeal has been brought by dr james hataway lars m gas cans treating physician of a decision by the disability compensation division that dr hataway had committed sixty nine counts of fraud the purpose of the proposed resolution is to authorize settlement of the workers compensation appeal the committee may consider whether to recommend adoption of the proposed resolution with or without revisions and also may consider other related matters in this case believe this is also mr rose case you may  go ahead and present mr rowe if you have any opening statements or comments thank you chair so this one's a little bit complicated we had a worker who was injured during the scope of his duties  signed up for treatment with dr james hataway while he was being treated for his industrial injury he was in a car accident that car accident exacerbated the injuries that he already had based on him continuing to treat under the workers comp as well as under the private insurance for the car we ended up bringing sixty nine counts of fraud against doctor had a way for treatments that were rendered  disability compensation division agreed with us that sixty one counts of fraud had been committed and just found against dr hattaway that decision has been appealed there has been a settlement that has been offered and that in india appeal part of that would also require us to withdraw our fraud complaint and i can get a little bit more into the details of that in executive session and for further details i would like to go into executive session because this is an act of litigation the h r s to consult with legal counsel regarding any liabilities immunities and privileges also under section ninety two dash five a of the h r s to consult with the our attorney we have item cow dashed five and this is the special counsel author authorization of christopher salem verses alan civil number fifteen dash zero zero three eight four l e k k c for the record the description is within the agenda numbered one to two and three i will read number four we are to receive the correspondence dated january twenty sixth two thousand and sixteen from the department cooperation council transmitting a proposed resolution entitled authorizing an increase in compensation related to the employment of special four l e k k s c united states district court for the district of hawaii the purpose of the proposed resolution is to authorize seventy five thousand in additional compensation for the kob and gold l l p as special counsel for the individual defendants in the case for total compensation not to exceed one hundred twenty five thousand the committee may consider whether to recommend the  the proposed resolution as noted in paragraph four with or without revisions in the community may also consider the filing of county communications fifteen dash two nineteen and fifteen dash two fifty seven and other related matters  t this is mr bilberries case and if you could go ahead and present an open session the floor is yours mr bill very good afternoon council members chair this is a case involving pretty extensive allegations by a litigant who lost his home in foreclosure as you may recall and is trying to connect his loss of his home in foreclosure to actions which he's alleged in a one hundred thirty four page complaint is somehow connected to conduct by eight county officials in their report official capacity and individual capacity as well as several departments and the county of maui we came initially and asked for funding for special counsel to represent the individual defendants who were the eight persons who had been named individually and i believe you know who they are because of potential conflicts of interest and because of a claim for punitive damages which mr salem's made against those individuals at that time we were authorized to retain special counsel on behalf of the individuals and we were granted fifty thousand dollars to begin the case right now counsel has given us two invoices which i think the first of which has been paid the second of which is currently being processed balance left on the fifty currently is eleven thousand one hundred forty nine dollars and fifty one cents the case is kind of still in its beginning stages we've had initial pleadings filed there currently pending motions before susan mall way the fed not susan mall way but leslie kobayashi the federal judge hearing the case of the special counsel for the individuals has appeared responded to the complaint by filing a motion to dismiss and they've asked for the court to dismiss virtually all of the allegations in the complaint against the individuals with the exception i believe of the one nine hundred eighty three claim because that's going to be a factually intensive claim which will require of motion for summary judgment after some discovery in the case occurs so that motion is pending and we have a the county has filed a counter claim against mr salem for peace  process where we believe there are extensive factual and evidentiary bases for those claims given mr salem's history with the county and their current tactics in this litigation so that motion as mr salem his attorney have filed a motion to dismiss the county's counterclaim so those two motions are pending may have been set for hearing twice at but have been continued pending in other matters which mr salem and his attorney have been engaging the county and regarding the existence of their claim in federal court as you recall the county removed this case to federal court because we feel like we will well that i can have that discussion session to talk about the strategy but the case was removed federal court from the second circuit by the county it is currently in federal court mr salem attempted to have the case remanded to state court is motion to have the  remand was denied he's filed a couple of other motions to clear the one that's pending one of his other motions was denied i think that was titled a motion to dismiss the individual defendants motion to dismiss the court summarily dismiss that motion for what it was and still that that's kind of where the case is now again without getting into a legal strategy and i'm prepared to do that in executive session if you want to have further discussion about where the case is going but at this point we've gotten through the initial pleadings we're anticipating discovery will occur and that will include some written discovery to mr salem mr salem's deposition along with the deposition of a couple of other witnesses who  identified and then we will at that point be taking up dispositive motions to attempt to dispose of the entire case with respect to the individuals as well as the  officials and potentially the county thank you mr bill very is there any questions or comments that you members have in open session not at this time i are you requesting executive session yeah i can do that i can request executive session i'm prepared to talk further about what the strategy is in the endgame for this case thank you chair there's been a request to enter into executive session the chair will entertain a motion to enter into executive session pursuant to section ninety two five a for for the purpose of to consult with legal counsel regarding liabilities privileges and immunities regarding they this counsel the committee and that and now no nos for us cuse motion carries up before we are recess i'd like to recall how one twenty eight that's elisa how how hoover says county of maui i believe we do miswrote the floor is yours thank you chair and i apologize for being late we were having some coffee in issues down in our office so miss hope was a thirty nine year old police officer one she was injured during a training program she suffered injuries to her knee she subsequently had surgery on her knee that did little to fix the problem in fact there were complications that ended up also causing her to have an impairment of her back currently we are looking to settle not only the issues of permanent partial disability but we're also looking to to wash all future medical  is currently treating and she also has info cation all rehabilitation so both of those would be waived if we if we do end up settling this the amounts are outside of our authority so we needed to come to you and ask for authority and i can how versus county of maui disability composition division case seven zero zero nine zero zero three two six without objections members of i'd like to defer this matter no objection to this thank you moving on to the next item cow one twenty nine lars and gus gone vs county of maui disability compensation division case number seven dash eleven dash