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VI. OFFICE OF THE CORPORATION COUNSEL

ROLE AND DUTIES

Mission Statement

The Office of Corporation Counsel provides support services to the county's employees, officers and agencies. The primary purpose of the office is to enable and to empower the county's employees, officers and agencies to perform their respective duties effectively. In addition, the office provides ancillary services to the county as required by law.

Services

An illustrative sample of the services provided include: (1) provision of legal advice to employees and officers, (2) provision of legal representation for the county and its employees and officers in litigation, (3) provision of legislative services, (4) assistance to county boards and commissions, (5) provision of any services or assistance which may be requested by county employees and officers.

The office provides service to all county officers and employees, including the Mayor and the executive departments as well as the County Council. In providing representation to such a diverse body, the office adheres to the Rules of Professional Responsibility of the Hawaii Supreme Court which govern issues such as confidentially of communication, multiple client representation, differing interests of clients and post-employment restrictions. The Rules of Professional Responsibility gives the Office of Corporation Counsel an objective procedure to use in resolving disputes which may arise between the executive and legislative branches of county government and in preserving the balance of power between the executive and legislative branches of county government.

In order for the Office of Corporation Counsel to succeed in fulfilling its mission statement, the office is striving to treat each county agency, employee and officer as a personal client, as opposed to an organizational entity. In this context, the office shares in the success or failure of each client's endeavors. This effort is characterized by the form and style of services rendered, timeliness and quality of responses and the utilization of interdisciplinary or team solutions to issues.

STAFF

The Office of Corporation Counsel employs 21 staff, and 12 attorneys.

In order to enable and to empower its clients, the Office of Corporation Counsel is organized into three main divisions:

Advisory Division (five attorneys) supervised by Patricia O'Toole.

Litigation Division (three attorneys) supervised by Steven K. Christensen.

Family Support Division (four attorneys) supervised by Geraldine Hasegawa.

Board of Ethics

The department's role is to interpret the county's Code of Ethics for officers, employees and the public; receive and initiate complaints; conducts hearings on violations and renders opinions.

The board members are:

Leonetta Mills (December 31, 1999)

Aileen Lum (December 31, 1997)

Carl Carlson, Jr. (December 31, 1998)

Dr. John Masuhara (December 31, 2000)

BUDGET

The department operates on an annual budget of $2,360,106 which includes all Divisions, contractual services and commission costs. The expenditures of the Family Support Division are reimbursed to the county each year by the State of Hawaii. The expenditures of the Advisory Division and Litigation Division, which do not receive federal or state funds for operations, are paid out of the county's general fund revenues.

ACTIVITIES

Goals

The Office of the Corporation Counsel reaffirms its commitment to a "pro-active" role in litigation and advising county departments, boards and commissions. The Office has suggested several changes in the County Code to tighten up enforcement regulations and penalties. With participation from the other county departments, the Office has proposed several options to streamlining the county regulatory process. The Office has taken an aggressive role in representing the county's position with the state and federal government and other organizations that directly impact the people of the County of Hawaii. The Office of the Corporation Counsel has and will continue to improve the public's access and encourage public participation in county government.

Accordingly, the Office of the Corporation Counsel continues to adhere to three fundamental goals for its personnel and staff:

(1) Improve the manner litigation is conducted on the county's behalf;

(2) Increase participation in Departmental operations to include a team oriented problem solving and prevention; and,

(3) Increase public access and participation in county boards and commission.

Objectives

(a) Litigation

Previously, the Office of the Corporation Counsel confined its use of litigation resources to defending the County of Hawaii. The intensity of the Hamakua Sugar-Western Farm Credit Bank foreclosure has demonstrated a need to protect the interests of the people of the County of Hawaii on a broader scale. In that regard the Office of the Corporation Counsel will adopt a more aggressive posture in order to defend its interests and enforce its ordinances and regulations.

In the area of litigation the Office of the Corporation Counsel has identified three objectives to accomplish its goals:

(1) Adopt a pro-active and aggressive litigation posture;

(2) Provide more training to its deputies and staff; and,

(3) Adopt a team oriented approach in cases filed against the county.

(b) Increase Participation in Departmental Operations

As the population of the county increases and places a greater burden on county resources, there is a need to minimize county liability. The Office of the Corporation Counsel has identified three objectives in this regard:

(1) Encourage and improve communication and access with all department and agency personnel;

(2) Identify areas of potential litigation;

(3) Work closely with departments and agencies to mitigate potential sources of litigation.

In order to encourage and increase public participation in county boards and commissions the Office of the Corporation Counsel has set out three objectives to accomplish this goal:

(1) Assign deputies to various county departments, agencies, boards and commissions;

(2) Improve access to county government; and

(3) Encourage and improve participation in county boards and commissions.

Tasks

In order to meet these objectives, which will enable the Office of the Corporation Counsel to realize the previously stated goals, the following tasks will be implemented immediately:

(a) Litigation

Deputies and staff will be sent to specialized seminars and training sessions that will cover areas of anticipated litigation such as environmental litigation, bankruptcy, foreclosures and land use litigation. The Office of Corporation Counsel will file more actions on the county's behalf instead of merely defending the county. The Office will start working with the various departments and file enforcement actions where appropriate. The Office is reevaluating its internal procedures to adopt a "team oriented" approach including discussing and developing a case strategy and closely monitoring deadlines in all future cases.

(b) Increase Participation in Departmental Operations

All attorneys are required to maintain direct contact with county department, agency, board and commission personnel. The Office of the Corporation Counsel will contact, discuss, develop solutions to and monitor the progress of the different county departments to reduce potential and unnecessary risks.

The Office of the Corporation Counsel has completed reassignment of its attorneys to the various county boards and commissions. The attorneys are to review and amend agency, board and commission procedures to make it easier to serve as a board or commission member or members of the public. The attorneys and staff shall accompany all departments, agencies, boards and commissions to all informal and formal meetings outside of Hilo. The attorneys and staff shall be equally accessible to citizens throughout the County of Hawaii.

Conclusion

This statement of goals, objectives and tasks is part of Mayor Yamashiro's ongoing efforts to improve the quality and delivery of county resources to its citizens. It is a guideline and benchmark that the Office of the Corporation Counsel hopes to exceed. The Office of the Corporation Counsel is committed to improving the efficiency of the office and protect the interests of the county in all legal matters.