The Kaua‘i County Council yesterday received what is believed to be the largest request to date for funds to hire outside counsel to represent the county. During a council meeting at the Historic County Building yesterday, the County Attorney’s Office
The Kaua‘i County Council yesterday received what is believed to be the largest request to date for funds to hire outside counsel to represent the county.
During a council meeting at the Historic County Building yesterday, the County Attorney’s Office asked the council to approve up to $600,000 for attorneys to review a bond issue and a community facilities district ordinance — or $300,000 for each — which hasten the building of infrastructure and spreads out development cost between the county and developers.
Prior to yesterday’s meeting, the largest such request had not exceeded $100,000.
The council could not move forward on the request though, citing the need for the Attorney’s Office to explain in a detailed request why the matters have to be discussed in closed sessions.
The council asked Deputy County Attorney Harrison Kawate to do so for a future meeting. But Kawate said the closed sessions should be held so that he can render legal advice to the legislators.
Councilman Mel Rapozo said he would go in to an executive session only if there existed a proper legal basis.
“That is not an executive session item,” Rapozo said. “What bond are we talking about? … It cannot be hidden from the public.”
Kawate said he wasn’t trying to hide anything, and that closed session should be held so he could advise the council on the “particulars” of the issue.
Before meeting in any closed session, Rapozo said he needed to know what the requests were all about.
“Having no information is what this is all about,” he said.
Councilwoman Shaylene Iseri-Carvalho agreed, saying the current request was vague.
“(Kawate) will redo the posting to make the language clearer,” she said. “He needs to provide clarity for the purpose of the funding and to justify the request.”
Government watchdog Glenn Mickens said the Kaua‘i County Charter allows the council to meet in executive sessions only when it confirms appointees or reviews claims.
But Mickens was told state procurement laws superseded the charter provision, thus allowing for the closed session.
If that is the case, Councilwoman JoAnn Yukimura said, she “would like to see that law to see how it applies to this specific situation.”
Rapozo also said the request to hire an outside attorney at a cost of up to $300,000 to review the community facilities district law alone seemed excessive.
He said he and Iseri-Carvalho met an expert in Arizona to go over the nuts and bolts of law, drawing praise from Yukimura.
“I am thankful Mel and Shaylene consulted with the Arizona gentleman,” she said, adding she looked forward to getting good advice on how to strengthen the legislation.
Rapozo said the cost of using the services of the attorney, who was not identified, would be far less than what the County Attorney’s Office is asking for to hire an outside counsel.
Yukimura said she had many meetings with a Mainland consultant hired by the county administration to help forge the law.
Although the council approved the measure, she said she wasn’t one of the supporters.
“I voted against it because I wasn’t able to make sure it was in good form,” she said.
Kaua‘i resident Barbara Elmore questioned whether the law benefits the public.
“(I) never liked the community faculties district issue because it seemed to benefit only the developers,” she said.
If anything, the council should scrap it, Iseri-Carvalho added.
The ordinance spreads out the burden of building infrastructure between developers and the county. The county can issue bonds to be repaid through taxes by property owners, who benefit directly from any improvements, which may include schools, swimming pools and neighborhood centers.
• Lester Chang, staff writer, can be reached at 245-3681 (ext. 225) or lchang@kauaipubco.com.
