mode if there's anyone in the gallery or in the lobby that would like to testify please sign up you will have three minutes to testify one minute to conclude your when you go to the podium please state your name and o organization which you represent the items on today's agenda you'll be limited to your testimony to those items i'm going to check in with their district offices before we begin  thank you very much on this is there anyone wishing to testify will close without objections closing and public testimony just this is thank you being on to our first item on today's agenda members cow one twenty seven litigation matters claim of farmer insurance hawai'i inc on behalf of the insured veronica gray claim three zero one five three nine eight four three five zero zero zero zero one the communities in receipt of the correspondence dated october twenty third two thousand and fifteen from the department of corporation counsel requesting consideration of the proposed resolution entitled authorizing settlement of claim number three zero one five three nine eight four three five zero zero zero one of gate beach park on april nineteenth two thousand and fifteen the purpose of the proposed resolution is to authorize settlement of the claim for eleven thousand three hundred in one thousand dollars and fourteen cents the committee may consider whether to recommend adoption of the proposed resolution with or without provisions and may also consider other actions related actions in this matter i believe we have from corporation counsel we  back up in the galley which there director call a plane can stay home if necessary and this is something i think we can handle in open session but basically what happened according to miscarry is that she was exiting beach park it's about three o'clock in the afternoon on april nineteenth twenty fifteen and she claims that the gate that would secure the park at nights or when it's closed swung into her vehicle i provided you with photographs of the damage and looks really significant when a change of events that has come about since this time or since i submitted this resolution is that i had an opportunity to speak to mr a so there were calls it was yesterday or the day before and he went down and checked the gate and based on his observations of it this isn't something that's free swinging so there may be some contributory negligence in this matter that we did investigate and this is sort of an unusual circumstance and i apologize for that but our adjusters believed that it was wholly on the county and that's why it was requesting settlement in the amount of eleven thousand three hundred one thousand dollars and fourteen cents but i believe that's something i'm going to need to those types of gates unless you have that lock in place to keep it open something or people sometimes they'll just play on it in first you know and and if you're not paying attention on the other team that it's very apparent  have no expertise in this area but this seems to be going out little more than five or ten miles an hour to continue to make at this extensive amount of damage so that's another question i think i would have been asking what cardio versus county and now it all civil number fourteen dash one dash zero four five one two the committees in receipt of the correspondence dated october twenty second two thousand and fifteen from the department of corporation counsel requesting an opportunity to discuss the status of this case and transmitting a copy of the complaint the complaint alleges disability discrimination or relating to duke e g terminations as a police officer on or about december thirty first two thousand and thirteen the committee may receive a status update and consider other related actions today we also we have mr bryan bill barry as the deputy corporation counsel handling the case if you could please briefly  update the committee members in open session we also have a representative from  a former maui police officer who in two thousand and four had an unfortunate motor vehicle accident after an involuntary seizure the seizure caused unconsciousness and it was i understand that the officers vehicle careened into a fire hydrant so the quinta that medical treatment was received by the officer including a surgery to his brain removed a lesion or a tumor duration of his life it's some point there were some further seizures some number of years later mr ricardo was examined by his own physician as well as the independent medical physician at some point as well as the information that there was no guarantee that he would not continue to have seizures moving forward regardless of whether he was taking his medication or not the decision was made by the department and i know it was a difficult one  those in boulder to offer mr ricardo another position of employment with the m p deed there were some efforts to accommodate the situation with alternative employment which was not as a sworn police officer ultimately mr ricardo declined those opportunities and so was terminated and this suit alleges discrimination based on the american disabilities act and so that's where we are today the reason this is on your agenda today is because is because we were expecting to get a settlement demand and were told we w settlement demand to be able to bring to you today to discuss executive session we did not get that settlement the mayor and i did in fact talk to plaintiff's counsel for the day because we were in deposition with one of the current police department ministries if he told me that they were not prepared to give us that demand so i don't know that we need to have any further discussion about the case unless you have any questions thank you do you have any opening members to the next item on today's agenda  this is the cal five christopher salem versus allen our cars at all civil number and one other committees and receive the correspond stated october twenty second two thousand and fifteen from the department of corp counsel requesting the opportunity to provide a status update on the case and transmitting a copy of the complaint filed aug twelfth two thousand and fifteen and civil fifteen dash one dash zero four three five one the committee has also received the correspondence dated february twelfth two thousand and fifteen transmitting a copy the first amended complaint in civil case number thirteen dash one dash zero eight fourth eight praying to the complaint and first amendment complaint alleges violations the of the due process and equal protection clause of the united states and hawaii constitutions and violations of chapter ninety two part one r as known as the sunshine law and determination of the of the timeshare real property tax rates for the county for the fiscal years two thousand and fourteen fifteen and two thousand and sixteen the community may receive a status update and or consider other related matters on this action this is mr outbuild very scase as well if you'd like to present any any anything to the an open session to the members you can do so i just i think i believe everyone is familiar associations for potentially damages but most likely we're looking for set off related to back taxes which we have calculated to timeshare associations were are potentially responsible for based on the way that the tax assessments should have been conducted at the time in two thousand and nine two thousand  ten based on condominium ization of the us but anyway that's something we'll we would be to talk about further in executive session we've also filed a third party complaint against the two time share one oh i'm sorry against the developer of the timeshare based on what seemed to be cryptic methods for allocating assessing and billing the real property tax which is assessed to the associations as an aggregate of condominium unit assessments which are then subsequently again as far as we can tell somehow allocated and a portion to the individual members of these timeshares and there are as much as twenty six thousand members currently we have been trying to determine how those taxes are assessed and allocated to the individual members for nearly a year and a half now we have not been able to get that information we're getting closer but based on what we do know we we felt that a third party complaint against the developer was appropriate  in the sense that to the extent that this suit is brought on behalf of individual members against whom this unfair tax is allegedly having a disparate impact it is discriminatory based on what is been asserted as it on reasonable tax rate it is our position that the tax rate itself is not unreasonable and it looks like it may be what is in fact have been used at these individual years of pain share a share of the real property tax which might be more fairly allocated to the developer who is in has retained quite a number of the time share interest and we can discuss that further in executive session if you like and then we also need to for production of phone records we have been able to file a motion to quash the subpoenas to day and i would like to talk to you in executive session a little more detail about our strategy going forward on those motions as well as our strategy going forward with potential consolidation of the two lawsuits that you mr riehl bear members i'm going to open to the floor for any questions and you may have an open session and i asked mr bill barry if if required to do so it all civil number fifteen dash zero zero three eight four the k dash k see the committee is in receipt of the following items that are listed on today's agenda items one two three and four the committee may receive a status of the update on the case from the department of corp and may also consider the filing of county communications fifteen dash to nineteen and fifteen dash two five seven and slowly creeping forward it's not quite out of the starting gate yet but it's almost there we have conferred with the office of disciplinary counsel to get an independent legal opinion on questions which were raised going conflicts of interest and i have submitted a memo summarizing those discussions and received questions that have arisen restored this office is representation of the county of maui as well as the retention of special counsel for officials who have been sued individually the memo submitted speaks for itself if there is any further discussion regarding that issue i would request that that happen in executive session some concerns as to how this case was in fact initiated and attempts made by the plaintiffs claimant and his lawyer to contact county officials and engage in communications  with parties who were and are the subject of a suit without their counsel present which is quite frankly completely inappropriate and a violation of the rules of professional conduct  so we have filed a counterclaim because there is a basis to pursue damages against mr sale and potentially as of yet on into the fide third party individuals who might be assisting in this abuse of process in the damages we would be seeking would be attorneys fees and costs but further discussion of that it would also be more appropriate in executive session and members hear of any questions that you may like to pose in open session see the memo that mr bilberry is referring to is in your binder says well receive the miscellaneous communication dated october sixth two thousand and fifteen from the county clerk reporting that on october sixth two thousand and fifteen the counsel refers to the matter relating to the complaint filed in county of maui versus one forty nine and as amended relating to the construction of the proposed they key to community center by failing to number one submitted construction schedule number to commence work on the site and number three provide a performance bond as required by the contract the complaint also alleges the contractors bonding agent breached its obligations pursuant to the performance and payment bond and contract the committee may discuss the status of and the county's legal strategy in the case committee may also consider the filing a mini miscellaneous communications and other related matter this is also mr bilberries case if you could please present in open session what facts and issues that you can do so further discussion of the case would be more appropriate executive sessions at this point we're beginning to formulate what our strategy will be going forward which will hopefully include settlement discussions that members any questions that you may have an open session