christopher seaman versus allen are a calm at all anyone wishing to testify please register at the at the lobby area at the desk area if you come down to the podium you'll have three minutes to testify only on the items that are on the office i think you miss fernandez turning back to our chambers please call the first testif white good afternoon elected members of the maori county council i am here today to testify on the agenda items relating to litigation between former employees and the county of maui one of which is in a former executive assistant to this body of government my testimony focuses on the power of this counsel to established in our charter to prevent costly litigation i'll need to provide the public with a specific example let's use all although we've all seen a large amount of infrastructure and drainage mike mitigations that were installed recently near the old wall of the store what the public may not realize is that those improvements were caused by a private citizen demanding compliance on an expired s m a permit that was issued to the developer nine years prior to the public works director signed off on a subdivision with an incomplete estimate permit let's fast forward to today this litigation involves the very same violation of law by former public works director milton r kala an oceanfront subdivision signed off with an incomplete and expired estimate permit moreover court council will not explain why they are defending the former planning director jeff hunt's refusal to enforce the s m a permit deputy corp council will you please disclose to the public that this developer who walked away from his obligations after making millions of dollars on the oceanfront subdivision is a client of an attorney previously employed by corp counsel and not milton are cholera more so would you please acknowledge to the public that you have received a written declaration from an attorney who is now a party in judge in maui county state in the developer's environmental studies were concealed from this branch of government and from the public by appointed public officials for over a decade why is corps council protecting the private developers at public expense they're even going so far as to protect milton our college does everyone here realize how much money milton our college costs this county in the prior litigation along a llama drive i personally object to mr bill barry advising this body in private executive sessions the corporation counsel is the name defendant in this lawsuit this department empowered long gamble with our money to defend the highly questionable if not unlawful decisions by the directors i have complete confidence in mr boozman to lead the litigation committee i trust in the counsel's knowledge in the background of the lawsuit blood this lawsuit which also includes core counsels on accounted and previously concealed agreements with private developers that have shifted tens of millions of dollars in subdivision improvements to the citizens of maui county over the last four decades on that point i brought today three file boxes of twenty one notebooks including thousands of pages of developer agreements executed by corp council over the last four decades which have never been accounted for or collected upon deputy corporation counsel please explain to the public today why these contracts signed by developers involving tens of millions of dollars have never been accounted for in the budget as revenue back to the taxpayers and why your department bought the legislation established a fair system of collection also please confirm that you have performed a conflict of interest check on each and every one of these contracts within your department and the administration and made a written disclosure on behalf of my fellow citizens i demand due process according of laws to laws and professional ethics and trusted members of the maori county council please restart trust in this government and separate yourself from the corporation council until they fully disclose all conflicts of interest and professional relationships with the parties named in this lawsuit the citizens of our county are the ones who are paying their continued continuous the to just rolling of the dice it's enough already i believe this council has an obligation to protect the public by launching investigation in an open public forum with citizen testimony before you local a lot of cork consul to litigate away our hard earned tax dollars which usually turns out to be a lot of phony posturing in order to protect the guilty my name's eric olson i live on w time i will close public testimony without objections no objection thank you members public testimony is now closed we're going on to the first thank you district office is moving on to the first item on today's agenda cow one in violation of his due process rights under the united states and by the constitution breach of contract defamation and violations of tatts statutory privacy interests among other things the purpose of the proposed resolution versus county of maui case for a total compensation not to exceed seventy five thousand the comedian is also in receipt of a revised proposed resolution transmitted by the correspondence date august third two thousand and sixteen incorporating non sensitive revisions the committee may consider to recommend adoption of the revised proposed resolutions with or without revisions the committee also may consider other related actions we have here interest again there are ten counts in the complaint they range from wrongful termination to defamation of privacy by alesha ins of constitutional rights violations breach of contract interference with contract relations breach of the implied covenant of good faith and fair dealing promissory estoppel negligence and there was a punitive damages claim and as you're aware generated more media attention including discussions with a couple of ollywood gossip magazines and apparently intend to litigate this complaint in a public forum and his official capacity is that that we're on our state department of corporation counsel ok and can you tell us a little bit about the special counsel that you've recommended for mr allen i can't it's the law firm of kobayashi who is one of our panel counsel and is currently representing the mayor it is individual capacity in a number of other department directors and the other matter on the agenda for today the salem case they were assistance in this case in all of the i believe the fees are indicated within the resolution they are and mr louis has given us a ten percent discount on his normal fees so o innocent if i may just quickly i will be prepared to discuss just briefly our initial strategy for this case in the executive session of if you want to have a conversation and that would be for the strategy members do you have any questions that you would like to pose in open session seeing but there's been a request to enter into executive session by the corporation counsel's pursuant to section ninety two dash five a for the h r s to consult with legal counsel on questions in issues pertaining to the powers duties and immunities and liabilities the county the council and this committee and as well as section ninety two dash five eight of the h r asked to deliberate and make decisions upon a matter that requires consideration of information that must be kept confidential pursuant to state or federal law or county court county order moving on to the next item on today's agenda members coude dash five the status of christopher salem vs alan arakawa at all civil number fifteen dash zero zero three eight four l ek dash k committee's receive the correspondence stated july nineteenth two thousand and sixteen from the department of corporation counsel requesting an opportunity to disclose a settlement demand received from christopher salem what we have here today is a settlement offer mr bilberry is the deputy corporation counsel that will advise this committee and he will present in open session as advised earlier mr bill berry if there's anything that you cannot disclose in open session please indicate and we will enter and we will receive your request to enter into executive session yet thank you again chair just a quick recap on this case for the members of the complaint in this matter was dismissed by judge kobayashi federal district court judge in dismissing the complaint judge koch specifically found that the can point was in large part incomprehensible meandering and that it was what she coing a shot gun pleading and she found that the complaint was intended to overwhelm and basically make it impossible to be able to respond to in a meaningful way for purposes of the fence notwithstanding the judge kobayashi gave point of christopher salem an opportunity to amend his complaint and to file a motion to seek leave to file that amended complaint that motion was heard by magistrate kenneth mansfield who found that the proposed amended can point did not differ and substance in form from the originally filed complaint and he denied that motion and did not allow mr salem and his attorney to file the amended complaint on the same bases that the original complaint was dismissed mr sale has been given one more opportunity to try to file an intelligible complaint that the court will accept and the court has indicated that if he is not able to accomplish that that the court may very well dismiss his case with prejudice in which case he will not be able to bring those claims again pending all this we've received a demand from mr salem and his attorney which i understand is essentially asking for the county to pay him two million dollars and two d to him two properties unidentified at this point from the sand hills area prepared to discuss court counsel's recommendation on the settlement in executive session and i would request an executive session members any questions that you may have in open session a seeing none there's been a request to enter interior secular session by our corporation counsel the chair will entertain a motion to convene an executive session pursu section ninety two dash five a four of the h r s to consult with our legal counsel on questions and issues pertaining to powers duties privileges and immunities and liabilities of this county the counsel in this committe point to set up the chambers for executive session of the hall shall not reconvene in open session pursued to our executive session and the recommendations of corporation council are regarding coul one forty one the matter of special council authorization of harry donenfeld versus county of maui at all civil number sixteen dash zero zero three eight one d k w k j and the chair will entertain a motion to recommend adoption of the revised proposed resolution intitled you therefore deferred members this will conclude our items on today's agenda thank you very much and have a great weekend