the good afternoon welcome to the committee of the hall i'm don guzman in the chair before we begin may please ask you to please turn off your cell phones or put it in the silence mode going to introduce our members for today's meeting we have bob carrol testifying when you come to the podium please state your name and our organization in which you represent you'll have three minutes to testify when you see the red blinking light that means that you should conclude at that point before we begin again i'm going to go ahead and check in with our district offices in just members when i offices is not present today so it will not be included in the minutes i'm going to go and check in with hot office are you here are you there office good afternoon members of the council my name is joe wildman i'm an attorney and i represent the estate and family of tremaine del bertie as you know trymaine was a passenger on that fateful island air flight on february twenty fourth two thousand and fourteen returning home from the not where she had attended to planning commission meeting as part of her duties with the county of molly germain had been a county of million ploy for twenty five years and only fifty two years old at the time of her death tremaine gave her life in service to the county of mali and left a husband george a daughter malia and a grandstand vonnie on behalf of trimmings the state and george and malia we have reached a resolution of their wrongful death claims against m aircraft leasing and the estate of richard rooney the specifics of that settlement are contained in correspondence sent to the corporation counsel in january of this year therefore so that we ma conclude resolution of these claims and in light of trains years of service to the county of molly and what this family has been through we would respectfully request that the county of maui consent to the settlement with the third parties that i've mentioned and waived waive the workers compensation lien and future credit under chapter three eighty six so i revised statutes i want to thank you for your consideration of our request and if you have any questions i'd be happy to respond thank you or any questions or comments for the mr couch thank you richard thank you mr wildmon for being here can you i know i'm sure attorneys are going to  talk about this but waiving of the lien what what does that mean there are certain benefits that are paid to a beneficiary upon the death of the county employee those began to a cr w effectively right after tremaine died after there was a disability compensation division hearing those of accrued on a similar monthly basis since that time and will continue to do so the amount that has been paid thus far as well as the the funeral and burial expenses would essentially be the outstanding current lien that the county of m has paid to mr bill bertie and that's what we're asking to have waived today but any further questions from the members seeing thank you very much mr wilder thank good afternoon mr chairman and members of the council my name is doug miller i work as an urban planner from out of our county but i'm here today on my own time representing myself as a citizen i'm also one of the survivors of the lanai plane crash on february twenty sixth twenty fourteen i boarded an air taxi plane hired by my county to fly his back and forth to the island bill and i were planning commission meeting we've been taking the ferry cross but there was a desire to save cost an overnight stay so we were required to travel by air for the first time i didn't support the change and i told my wife and several friends that i was very uncomfortable flying in a small airplane but i had a job to do so i went and fortunately on the return flight my worst fears were realized when the plane crashed three people died three of us sir it was horrific scene be for the rest of my life the investigation found that the pilot had failed to properly match the cargo bay door which opened up shortly after takeoff he tried to turn the plane around became disoriented and flew the plane into the ground killing himself and two of my coworkers and seriously injuring the survivors the pilot was not legally qualified to fly the plane since he was not up to date on his flying hours for that type aircraft although the impact of the crash my scapula and some ribs i managed to scramble out of the burning plane i suffered second third degree burns over twenty percent of my body i was airlifted to queen's medical center in critical condition where i clung to life for two weeks i was put in that a coma once i finally stabilized i was airlifted to the portland burn center where a great team of medical professionals replaced the dead skin on my head my face and hands with skin my life changed forever today i had visible scarring on my head face hands arms and legs from the fire in the skin graft surgery i've lost the sensitivity to heat and sharp objects some skin graft skin i've lost my sense of smell can no longer enjoy the fragrance of flowers the smell of great food more importantly i cannot smell dangerous gases putting me at risk since the crash getting on an airplane is extremely stressful this presents a serious problem for something living on an island that has only one option for on the trail since the crash i don't have a level of energy that i had before and i now required a lot of sleep is that a negative effect on my work life my social life and my personal relationships before the crash i was always very active in sports since the crash unfortunately i can no longer participate in my sports at the level i did before i don't have this same strength stamina or range of motion three minutes  running to work full time i cannot perform my job at the level i could before due to physical and emotional limitations i do the best job i can every day but it can be frustrating i sometimes feel like i'm in a point my own way i get frustrated with myself and i get prostrate with others if i feel i don't understand overall now he can he has been very very supportive at every level my coworkers my supervisors the department heads the administration the mayor and the council now we can he is also stepped up and done the right thing financially and taking care of my medical bills because it was injured on the  unfortunately the earl i did not have sufficient insurance coverage to pay the sort of cow to pay for the sort of catastrophic injuries that occurred in this horrible tragedy they had a two hundred fifty thousand dollars per passenger limit point which is nowhere near the amount of medical costs have been incurred by attorney and over twenty years experience in the aviation law and he said he's never seen such a low amount of coverage it's normally a million dollars if it was a mistake for my county a contract with an air tax company didn't have sufficient insurance coverage in the event of a catastrophic plane crash the victims of the crash their families receive a negotiated settlement from the small airline company and the pilots the state to help compensate us for physical and emotional injuries to pay for the pain suffering that the victims in their family s but unfortunately again there's not enough money to pay for the costs incurred so far let alone future costs so here's the problem and the reason we're here today unfortunately there's a state law that allows workers comp carriers to swoop in and take third party award monies given to workers shifting the medical costs onto the employee forcing them to pay out of their own pockets for the cost incurred due to an on the job injury five minutes so unbelievable but true fortunately now it county has the ability to prevent the court workers comp carrier from taking the victim's word money therefore i urge the good members the maui county council to do the right thing for the plane crash victims and their families and to choose not to enable the workers comp carried to pick the pockets of the victims of this tragic event and force us to planner for the platen department for me work cannot be an escape and home is something the last place i want to be because she is not that everyone says that you must move on you must choose to get better and although they made her being big her it is easier said than done when someone who could even the most hardest of hearts with a simple smile and who could further room with so much love is tragically taken away due to an unlocked front nose by the door you don't just move on i am very grateful for the support of the community and the fellow coworkers that have tried to help us we will always be grateful even though nothing could ever bring her back i'm here asking that you do the right thing in regards to the settlement agreement thank you for your time that you were so sorry for your loss i just want to say that you know life is never been t it's not easy thing when you let my daughter sit even at work chez time because you work with the mom for me when i'm home but when i'm home she's not there when i go shopping see is not there she would never be with me ever again never ever again just one mistake just one mistake happen thank the county of maui for being so supportive marking and i know of doug miller i know mark loves his job at the with the county of maui and if he didn't have having his job with the county of maui and being a productive member of the maui community it's really the one thing that has helped him cope with his life altering disability and injuries so keeping his job with the county of mount is very important to him  but also he also faces the fact that he is going to have medical bills and ongoing medical treatments for the probably the rest of his life mark had severe severe burns on his most of his body and especially on his hands and his forearms he also suffered a severe break in his leg he was when the plane crash occurred his foot had gotten folded into the metal of the plane and so he was he couldn't get out of the plane when james and and were able to get out and tremaine was sitting next to him when the fire in the plane was getting closer and when he watched her start screaming when she was caught on take skin for the skin graft from his thigh both of his thighs because there wasn't very much viable skin left so unfortunately the skin when you take a skin graft it leaves very raw skin and  to wear prosthetic because of that and often rubs his skin raw and so he's often in a wheelchair or if he's at work he takes the prosthetic off the airplane charter company has offered the insurance company policy you know policy limits and also all their assets and the pilots the state is providing all their assets unfortunately there is not enough not enough money to compensate everybody and the money that mark would receive is doesn't even come close to the pain and suffering that he's experienced already and he will experience in the future i know the hawaii supreme court has addressed this issue many many times and the principle is and repeatedly supported the principle that the workers compensation statute has a benefit isn't purpose and should be afforded liberal's construction in favor of the employee who is essentially it's the idea is to restore the claimant to the injured worker to as nearly as possible to restore him if the wrong would not have been committed unfortunately we can't put mark back together again but certainly him receiving some of this money whatever money he can get from the negligent parties  would help him not only to live a better life but also help him with some of the some of the treatments that he has or any out of pocket expenses he might have there aren't covered under the workers compensation compensation medical  mark on behalf of mark we are requesting that the city county of waive its lien worker's comp its ation lien and allow him to recover the monies from the at fault parties in this matter thank you seventy questions for the testifier seeing not thank you very much for your testimony mr chair the next testifiers william kennison he'll be testifying on c o w one twenty nine he'll be followed by timothy make ninety i to recognize the presence of clout as i said thank you the reason i was supporting him is because whenever we needed help he was there for us and we have we do we have members he works in all different industries and split the industries are real difficulty industries and  industries and all members do get injured on the job and when they get into a job the only way they can get back to work is if they can get vettel could carry treatment to get back to work and he has always been there for us he's never turned  workers comp industry and business is very difficult as some not all doctors will accept workers comp claims and some of the members are really left out  echo the sentiments expressed by the testifiers in connection with the airplane crash that occurred on one i the monies that are available to compensate the severely physically injured people as well as the credit claim to allow the continued medical treatment under the worker's compensation claim of james to row in connection with item number two which is lisa who am available to answer any questions you may have but i believe that we've discussed this with the corporation counsel and if there are no questions on that i move on to item number three which is dr james jerome that if we don't waive the lien then they have to pay for their own medical bills well there's two aspects to this music into them like there's two aspects to the three eighty six eight right for reimbursement the first part is a lame claim in the third party claim the personal injury claim against the tortfeasor is the wrongdoers in this airplane crash and then the second element is in connection with his worker's compensation case and the statute in it as it's written allows a claim of credit based on the net recovery that he receives in the personal injury claim and that would apply to all the severely ill as well and so that's what we're asking to be waived both the lien claim as well as the credit claim thanked her thank you and the other further questions from the members seeing none thank you very much m behalf of myself and i have taken the appropriate leave time in order to appear here today to testify in support of mark king doug miller james chiro and the families of t scuse me miss eaton can you please identify yourself for the i was just getting ready to do thank you third bullet summary name is pamela eaton and i in the planning program manager of the long range planning long range planning division for the department of planning i started the long range division on october first two thousand and fourteen a little more than eight months after the plane crash which occurred on february twenty sixth i'm speaking i'm speaking to you all personally and professionally on behalf of mark and doug who are supervisor in my division they're both staff to the long range division don't came back to work after the crash about one week before i arrived as long range division and marking came back about  about a half a month or month and a half later in mid november doug is a senior planner and is the project lead by the way for the west my community plan mark as a geographic information system analyst in a critical asset to the g i s division and team rather as well so in terms of doug i had a very difficult time writing this he is probably one of the most creative passionate enthusiastic individuals i've ever met my life and what i want you to know is that every single day that i have worked with doug he has never once complained ever ever about this accident he blows me away with his enthusiasm and his passion he is killing himself putting himself into this west now a community plan he's trying to make things better better than they've ever done ever been before and i want you to know that i want you to know that because of what you know what an amazing asset this individual is to the county of maui not only to our division and department mark king i i can't put into words how brave he is and what he's undergone and coming back and for those of you know mark know what a maze in lee unique very unique individual he is actually did know mark before i came to planning mark as a fierce dedication to his job and that's probably a complete understatement his center point his center point of his life is this job he is all about county he is all about what he can do from our county he is an amazing invaluable asset he's not only the planning division and planning department he also has been a steward for a long time and my understanding is that he has served at many of your fundraisers over the years three minutes you mark as a brain trust on so many topics i can't even begin to explain how much that gentleman knows i waited with mark before the first anniversary the plane crash because he has a very difficult time traveling back and forth and in the two hours we waited after work for the so well for the morial he taught me five car texas hold'em he's amazing i have the highest regard for these two gentlemen i have learned so much from them in the past year at the long range planning to mazing asset to the county of maui there is no price for what they offer us all let alone trying to make them whole after the unspeakable horror they have been through and continue to battle each and every day i ask you please please council members do the right thing by all of these individuals mark king doug miller james to row and the families of kathleen current and they're ready please make sure they receive any and all and more compensation and you can isn't here today mark is not here today because he had to have surgery on his hands because he was using losing use of his hands so he had to have surgery which extremely painful and i believe he's had to go back two or three times because an infection and that's guzmn council members and council staff my name is david yamashita and i've been the planning supervisor for the longer range division since twenty eleven but i'm here on personal time and i'm speaking as a private citizen and not as a county employee most importantly i'm here because the matter you're considering is very important to me and to many employees of the planning department i stand before you to make just one request that the county absorb the expenses for doug miller and mark king after the old and a plane crash in february two thousand and fourteen you are well aware of what this means financially for doug and mark and for the county as well it's not an easy decision because you also have to be mindful of the county's legal and financial responsibilities but i ask that you think wong and speaking of for doug and mark both men suffered horrific injuries some of which are visible and some that are not these wounds will never go away and no amount of money will ever make their wounds disappear their struggles will excuse me their struggles will last a lifetime we see their challenges every day and we know better than most people how difficult this has been for them but as pam said despite their injuries both doug and mark have persevered they've returned to work and every soon their duties as members of the planning department staff while continuing to deal with the after effects of plane crash as much as we would like to we can't change the past we can't go back and undo what happened and what we can do what you can do is to make dugan marts lives a little easier by allowing them to receive the financial compensation they deserve if we could make the decision you're faced with you know what we would do there's no question we're not in that position however so we are asking you to make the right choice to do the right thing and to demonstrate that the county of  truly stands behind and supports its employees when it matters the most it is very difficult for me to separate my experience as a to planning department employee from my testimony even though i'm i'm speaking on my own time because for our division and so i know today that if you have an important decision to make on whether to pass this settlement resolution but i i i just want to ask you to please be generous and choose the maximum that you're allowed to give to the families and the survivors of the plane crash and please honor the loss and grief of the families and friends of the deceased and honor the survivors who suffered a menstrual i also feel it's important as you are the representatives of the people  that your decision will also reach out to all county employees that their lives are valued because we really value the loss of our coworkers and the suffering of those that survived and i think that day you have an opportunity to demonstrate leadership for by example to all other employees in the county to good afternoon mr chairman and aloha to all council members my name is dr james hataway my mission in life has been to heal and serve my patients to the best of my ability of my thirty three years in practice i've helped over ten thousand patients on the island of maui most of my time is spent face to face with my patients with my hands on them this being said i like to take a moment and give you a synopsis of the case that happened on june twenty first two thousand and eleven the patient was involved in indust net his lower back and this hips which treatment his neck pain resolved it was better if i stop treating his now before you had the motor vehicle accident i continued to treat his lower back like county a maui medical examination was performed on the patient in february seventh two thousand and twelve by d francis brewer dr brewer stated that his neck pain had resolved and the no more pain or tenderness in his neck on his examination dr brewer strain resolved and he continue with a lower back problem all may fourth two thousand and twelve about three months after his exam the patient was involved in a motor vehicle accident at that time he came in with injuries in his neck and is upper back and slight and cerys to his lower back all of our billings for the no fall were only done to the neck we never built in the fall for any lower back treatment lower back treatment was built to worker's comp for the county there were no double there i like to sincerely express to each and every one of you that i had no willful intent to ever double bill or do anything wrong but at this point i would like to make things whole refund all the funds for you receive after them a back to the county i would like to create resolution and settlement and make this whole and refund the money  testifying and seem to be one nineteen she'll be followed by michelle make me think you still my name is simone bosco i've been with the county in maui for eighteen years i work as a staff planner and at the time of the tragic plane crash i was working alongside the victims of this event all of the people in my office were were put into the most shocking period probably of their work history  i also was very very close to and very fond of tremaine and even james even though we don't work directly with each other james and i had spent a lot of time together actually flying between islands so all of these coworkers were very dear to me and very familiar to me and very valuable so i want to  members what is the value of life have you ever lost someone close to you know you know what the value of life is when there is an opportunity to fully live you know it take it to chair the chairs every living moment and to show those then you know the sacrifice they made on the job doing the same work that you do breathing the same air that you bre and yet they are no more you know how it feels to look at their in t cubicle have you ever seen your dear coworkers suffer a tragic injury while on the job i'll tell you all of it is confusing and very difficult you grieve for their sacrifice you gr because you cannot make it up to them but you know that for those that remain all you can do is give comfort and support you also know that all the support you can give will mean everything to these people to the survivors of this tragic event and to the lost and their families you know that although no money can replace all of the damages that have occurred support monetary early and emotionally is the one thing that can help the most in providing amends to the losses that by no fault of their own they suffered for three minutes so i ask and i support the maximum allowable amount that can be provided to the victims of this tragic event in february of two thousand and fourteen that so many of us are still grieving including survivors who are changed by this event for the rest of their lives i ask that whatever you can give you give whatever you can decide please do to support these people in consideration of the enormous degree of suffering this day continue to for the people of the county of maui that will go a long ways in healing them in ways perhaps you may already realize thank you that your member good afternoon eric committee members my name is michelle mclean i would like to express support for the claimants involved in the feb twenty sixth twenty fourteen plane crash in which two of our employees along with a pilot were killed and two of our employees plus another in county employee were seriously injured speaking as the deputy planning director whose department was profoundly impacted by this tragedy and as a twenty two year resident of maui i believe these employees and their families deserve everything the county can offer them we realize that you have few options and simply ask that you choose whichever option will support these folks the most even if that option costs the county the most i wore purple today because it was true maine's favorite colors yes and i think all these folks from the planning department are here because had kathleen kern and tremaine not been on that plane they would have been the first to show up to support their colleagues for marking and doug miller we're not talking about some awful stereotypical government bureaucrat paper pusher who slipped on a wet floor and is trying to get a free ride at taxpayer expense nothing more than to get back to work full time on behalf of the people of maine we count they do excellent work and are committed to their jobs they work for our long range division and are currently involved with the community plan updates our community plans are really the foundation of everything the planning department does and other county agencies follow these plans to the community plan update process is highly interactive with the community it has to be that's why these guys were on the nih in the first place and guess what they want to keep doing it even after all they have been through they want to keep doing it they deserve nothing less than our whole hearted appreciation and respect and as great a financial settlement that a government employer can offer we know this is limited that government is different than the private sector in this regard but i have no doubt that every resident voter and taxpayer in the county would say the same thing do whatever you can to support these folks and their families please thank you thank you members of many questions county of maui with the planning department in the current division i know all the parties on this item and i remember when i started working for the planning department in two thousand and four tremaine was one of the first employees i met and she welcomed me and she shared her with me and continued to show what an incredible asset she was to the department and she was so steadfast she was cheerful she was just lovely and i mr every day and i sat in a meeting with kathleen kern planning the eight c p o hawaii congress of planning officials conference that county was hosting the following fall that fall i sent next to kathleen the day before the crash and for all the work that she did in planning many much that i didn't know about i know that working with her side by side was a real challenge she was always pushing us to think harder about creative ways of doing things and she is missed by her colleagues her family her friends by me i have an idea instead of talking about money someone get out the magic wand and wave this over the whole situation and bring them back that's all i want bring them back you can't bring back the dead i know but you can bring back at least to some degree to the degree possible the health and functioning and well being of the survivors who have i learned i've learned much today about the details of their disabilities and  i know that treatment is not a magic thing that happens overnight it is a long term healing process both physically and mentally and like others i ask that you award the maximum amount to the survivors and to the the future credit claims and show all of us that these lives matter they mattered and they still matter and they will continue to matter thank have survived which is every single person in this room i'm asking you to please help us all along help us work day to day helpless teach us that the county is fair that the county will help all of us we are here for the public so please just take everything into  thank you ladies at this time members without objections i'd like to close public testimony they q public testimony is now closed moving on for the first item on today's agenda cow one nineteen an authorization playing game of mark a king and number five dash fourteen dash zero zero three four eight claim of kathleen kern five dash fourteen dash zero zero three three zero claim of trim involved birdie five dash fourteen dash zero zero three two to claim of douglas miller five dash fourteen dash zero zero five two six claim of drove five dash fourteen dash zero zero three four five members these five claims relate to the air crash on the ninety this february this last feb twenty sixth two thousand and fourteen the council previously authorized settlement of the claims by resolution fifteen dash eighty one through fifteen dash eighty five adopted on july twenty fourth two thousand and fifteen by correspondence date december third two thousand and fifteen and february twenty sixth two thousand and fifteen the committee received additional proposed resolutions from the department of corporation counsel authorizing settlement of each of the claims four of the five individuals were employees of the department of planning and the fifth individual was an employee of the department of corporation counsel at the time of the incident they were planning commission meeting and were returning to maui aboard a maui airplane when the incident occurred today we have on the floor corporation counsel power along step the corporation counsel caleb rowe and this is a very very very delicate circumstance that we're confronted with and it is our obligation by charter as the attorneys on behalf of the county to present what the law provides and being mindful of that please understand that it is very difficult to discuss this topic and i understand the members may also have a very difficult time but the workers compensation law is not a law that was adopted by this body it's a state law that we're obligated to abide by i'd like to also add in that it is our obligation to also be mindful of our for do share responsibilities to all the rest of the county so with that said  present what we can in open session but most of which i believe we're going to ask to be discussed in executive session i think mr rove the floor is yours if there's any questions that you cannot answer in open session please notify the committee and lien on behalf of an employer where there's a third party that is found at fault since the last time we were here there was an arbitration that was conducted between the airline the state of the pilot and each of the claimants in that arbitration there was a settlement reached about how to divvy up those funds and so today we are presenting with you letting you know  extent of the funds the amount that each each individual is getting and accordingly the amount of the counties only in in addition every one of the claimants has requested that we waive leave an amount and instead allow for complete for them to keep the full amount of the of the amount of money that they got during that meeting during that arbitration and so we have the we have that for each of the five people and we will present give you an indication of how much money that is and as well as anticipated future costs for these claims in executive session and i would like to request an executive session because it deals with ongoing litigation matters and medical records thank you do we have any opening statements for  pursuant to section ninety two dash five a fourth of the h r s to consult with legal counsel on questions and issues pertaining to duties liabilities privileges immunities regarding  we have eight eyes no nos one excuse motion carries thank you members moving on to the next item on today's agenda cow one twenty eight l how to versus the county of maui disability compensation division case number seven dash zero nine zero zero three two six the department of corporation counsel is requesting consideration of the proposed resolution to authorize settlement of this case terms of the settlement at an earlier committee of the whole meeting at that meeting it was requested that we provide a little bit more information and that we do an analysis of present day value and so that's what we've done we've we've done  analysis and we will be providing it to you this is a global settlement that will and our future liability and all future claims on it and we do think that it's a good a  good a good settlement that is good for the county as we will discuss in executive session and at this time i'd like to ask so we entered into executive session because this involves ongoing litigation and medical records thank you members you have any questions that you'd like to pose in open session seeing none we have a request to enter into your executive session the chair will entertain a motion to intervene 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 the duties privileges immunities and liabilities of this this committee the council and the county also also pursuant to section ninety two dash five eight of the h r as  deliberate or make decisions upon and under that requires consideration of information that must be kept confidential or pursuant to a state or federal law or court order so you move by m mr victory no any further discussion seeing none of those in favor say aye of those opposed say no we have eight eyes no nos one excuse motion carries thank you members moving on to the next item  cow one twenty nine lars and gas converses county of maui disability company station division case seven dash eleven dash zero one one five five labor industrial relations appeals board case a chairman this case in volves it's titled lars gascn versus county of maui but lars gascn was the employee of the county who was being treated under workers compensation his position was dr james hataway and  compensation claim according to treatment notes that not only exacerbated his condition but also increases the length of treatments necessary and the frequency of treatments  the county was never informed of this motor vehicle accident it was never informed of the exacerbation of his injuries as a result this was this went to a hearing before the disability and disability compensation division the d we have been presented with a settlement demand that settlement demand was brought to you last time and you voted to reject it we also brought a counter settlement that you also chose to reject so at this time we are bringing that you'd like to pose in open session victory not just not a question sure is something that you know picture of me and i care to do all the time if i feel there's a possibility of a conflict i will bring it to your attention doctor had a way has treated me has been my doctor in the past and he's also been a contributor to my campaign i don't need your i don't know well he does but i have to say that up front so if you would rather me we cruise myself from this deliberation mr wong chair i guess one of the questions for a member victor reno the chair on your behalf would be whether or not mr victory no believes that he can  hear the information presented and remain unbiased in his decision making process and also whether or not mr big during the believes that he has any personal benefit in the matter before you mr victoria do you have any well the first question i see absolutely i can be unbiased decision and secondly no i don't see any financial gain or any other personal gain in this matter but i wanted it may know and wanted to be upfront so that there's no question in my integrity as far despite as we concerned because we got to this issue before and so i just wanted to put that out there so i would leave it to you in the committee whether you should i should stay or be recluse i leave it to you but i will be able to like i said earlier answer his question if i yes i can do and unbiasedly and yes i mean no there is no financial compensation or any kind executive meeting pursuant to section ninety two dash five a four of the h r s to consult with legal counsels on questions pertaining to issues of powers duties privileges immunities and liabilities of this committee this council and this county also section ninety two dash five a eight of the h r as to deliberate or make a decision upon matters that require consideration of information that must be kept confidential pursuant to a state or federal law or court i believe at this time members i'm going to go in take a recess or two to set the chambers for executive session so the open session at this point is in recess three zero claim for me involved thirty five dash fourteen dash three zero zero three two to claim of douglas miller five dash fourteen dash zero zero five two six claim of james  five dash fourteen dash zero zero three four the chair will recommend a motion to adopt the following a proposed residue resolution in title authorizing settlement of mark a king versus county of maui disability compensation division as stated by the previously the case number a proposed resolution entitled authorizing settlement f of kathleen  case number as previously stated a proposed resolution intitled authorizing settlement of douglas miller versus county of my disability compensation division division case number as previously stated a three x three excused a motion carries on no i no no no skis means motion carries thank you members moving to the next item on the agenda they were deferred that concludes today's meeting and i think all the members for their participation in and the hard work that we've conducted today thank you have a good weekend