LIHU‘E — After coming out of an executive session Wednesday evening, the Kaua‘i County Council approved an additional $75,000 to be used by the administration in private attorney fees to defend itself in a civil case filed by Councilman Tim
LIHU‘E — After coming out of an executive session Wednesday evening, the Kaua‘i County Council approved an additional $75,000 to be used by the administration in private attorney fees to defend itself in a civil case filed by Councilman Tim Bynum.
The money already approved by the council to be used in private attorney fees in the matter now amounts to $150,000.
“The Office of the County Attorney requests approval of its recommendation for authority to expend funds up to $25,000 for special counsel’s continued services provided for defendant Shaylene Iseri-Carvalho in Tim Bynum vs. County of Kaua‘i, et al., Civil No. CV12-00523RLP (U.S. District Court), and related matters,” states a communication from County Attorney Al Castillo to the council.
Castillo also sent a similar request for funds for special counsel provided to Sheila Miyake, from the county Planning Department. The money approved for Miyake’s attorney fees, however, was up to $50,000.
Bynum recused himself from the discussion on the matter Wednesday.
Bynum filed the lawsuit against the county on Sept. 19, specifically naming Iseri-Carvalho, then the county prosecutor, and Miyake, who was a supervising planning inspector. The lawsuit alleges political motivation as the reason for a prior prosecution of Bynum over zoning violations.
Four months prior to Bynum’s filing his lawsuit against the county, the 5th Circuit Court had dropped criminal charges against him, which alleged he had committed zoning violations on his Wailua home.
In the case against Bynum, special Attorney General Richard Minatoya signed a dismissal order on May 3, and 5th Circuit Court Judge Kathleen Watanabe accepted and approved it.
The case was dismissed with prejudice (meaning the charges cannot be brought up again) because a new case would lack the elements of the original, and could not see charging again based on those merits, Minatoya said in May, when the case was dismissed.
• Léo Azambuja, staff writer, can be reached at 245-3681 (ext. 252) or lazambuja@ thegardenisland.com.
