Government Relations, Ethics, and Transparency Committee - Regular Meeting

Good morning. Will the government relations ethics and transparency committee meeting of 06/02/2025 please come to order? It is 09:07AM. I'm your chair, Nohelani Uhu Hajans. Members, in accordance with the Sunshine Law, please identify by name who, if anyone is in the room, vehicle, workspace with you today. Minors do not need to be identified. Let's begin with committee vice chair, member Palton. Good morning.

Aloha. Streaming live and direct from, my kitchen table in the PD. I have three unnamed minors with me, one k nine, two humans.

Summer break, And then council member Cook, good morning.

Aloha, chair. Good morning. There's currently nobody in the key office, given for testimony, but we do have people on standby, and I'm looking forward to meeting today.

Thank you. Councilwoman Gabe Johnson, good morning. Nice to see you in person.

Good morning, chair, council members, committee members. There's no testifiers at the Lanai District Office, and I'm here and ready to work. Mahalo.

Thank you. Council member Tasha Kama, is she gonna be with us today, or is she excused? She's excused. Council chair Alice Lee, good morning.

Good morning. I'm still restarting my my my my computer. Computer.

Okay. She is here and still restarting her computer. Thank you, member Senensi. Council member Keani Rollins Fernandez, good morning.

Aloha. My Molokai Nuyahina. I'm at my private residence alone, and, we currently have no testifiers at the Molokai district office. Mahalo chair. Thank you.

Councilmember Shane Senensi, good morning.

Hey. Good morning, chair. Happy to be here. I do have to drop off at noon, and there are no testifiers in Hana, chair.

Thank you. And council member Yukile Sugimura, good morning. Good morning. Ready to work, and we have a full agenda. Let's go. Have a full agenda. Thank you to both, member Cook and member Sanancy for giving this committee your time slots today. We appreciate it. From corporation counsel, we have Victoria Takayesu, corporation counsel John Gors, deputy corporation counsel Bradley Sova, deputy corporation counsel, and Caleb Rowe, deputy corporation counsel. Not too sure who's this person at the end here.

Oh, this is our special counsel. Okay. We'll get to him in the next things. Thank you. We also have with us Lance Taguchi, our county auditor, for things later on this agenda, Shane Agawa, deputy oh, I'm sorry, director of environmental management, Eric Nakagawa, wastewater division chief, Paul Barney, deputy director of public works, Kimo Landgraf, deputy director of water supply, and Wade Maeda, deputy chief of police.

We have our committee staff as well, Maria Leon, committee secretary Casey Apotakayama, senior legislative analyst, Clarissa McDonald, legislative analyst, Peter Hanano, legislative attorney, Michelle Kawasaki, deputy director of council services Lei Zinin, council services assistant clerk and Jean Pokepala, council assistant clerk. Okay. Please see the last page of the agenda for information on meeting connectivity committee on 05/28/2025, the department of corporate corporation council requested the following resolutions be withdrawn from the council's consideration. They include resolution 25 dash 95 authorizing settlement of the claim of Mark d Ross against the County Of Maui, resolution County Of Maui risk file two zero two four dash zero one nine one, and resolution twenty five five dash 96 authorizing settlement of the claim of Thomas j Liu against the county of Maui, county of Maui risk file twenty twenty four zero one eighty, and resolution 25 dash 95 authorizing settlement of the claim of the Harriet l Holt revocable living trust against the county of Maui, county of Maui excuse me, risk file twenty twenty four zero one sixty nine and resolution twenty five dash ninety eight authorizing settlement of the claim of Donna Water against the county of Maui, county Of Maui risk file twenty twenty four zero one six eight.

Canceling of resolutions in the office of information, I'm sorry, practices opinion letter o five zero seven. The OIP opine that the sunshine law does not restrict a board from changing its agenda by removing items. That said, I would like to accommodate corporation council's request and cancel these four items from today's agenda, resolution 25 dash 95, resolution 25 dash 96, resolution 25 dash 97, and resolution 25 dash 98. According to the OIP, this means the board must refrain from any discussion of the item beyond the announcement of its cancellation. In the OIP's opinion letter o seven No zero

objection. Oh, okay. Thank you.

No objections. Thank you very much.

In the OIP's opinion letter o seven zero three, the OIP also notes oral testimony shouldn't be accepted for canceled items. To clarify, this means we will not be taking oral testimony on these resolutions. Again, it's resolution 25 dash 95, 96, 97, and 98. We will now receive public testimony for the other items at the start of the meeting. Members, if you do have any questions about the cancellation of the resolutions or why we cancel the resolutions, you can ask them right now, but please feel free to reach out to court counsel and they can explain it for you.

Now testimony. Testifiers wanting to provide testimony should sign up in the lobby, join in the online meeting via the team's link, or call into the phone number noted on today's agenda. Written testimony is encouraged and can be submitted via the ecommit link at mauicounty.us backslash agendas as well. Under the sunshine law, the chair will receive oral testimony for agenda items at the beginning of the meeting as well as the item is called up. For individuals wishing to testify via Teams, please raise your hand by clicking on the raise your hand button.

If calling in, please follow the prompts via phone, star five to raise and lower your hand, star six to mute and unmute. Staff will add names to the testifier list in the order as the testifier sign up or raise their hands. For those on Teams, staff will lower your hand once your name is added. Staff will then call the name you're logged in under, excuse me, or the last four digits of your phone number when it is your time to testify. At that time, staff will also enable your microphone and video.

Please ensure your name appears in Microsoft Teams as the name you prefer to be referred to or as anonymous if you wish to testify anonymously. If you are in person, please notify staff that you would like to testify anonymously. Otherwise, please state your name for the record at the beginning of your testimony. Oral testimony is limited to three minutes per item. And if you are still testifying beyond that time, I will kindly ask you to complete your testimony. Once you are done testifying or do not wish to testify, you can also view the meeting on Al Kaukoo, channel fifty three, Facebook live, or mauicounty.us/agendas as well. We'll do our best to take up each person in an orderly fashion, and we will now call in testifiers wishing to testify at the beginning of the meeting. Staff, if you could please call our first testifier. Thank you. Chair, there

is currently no one who

has signed up testify, but

I do see somebody at the podium.

Aloha, Monday. JC Law from Kula. I'm glad to see that, you guys that it looks like some of them were settled. Most of the cases, were probably the the concrete driveways with the trucks running over them from the fire up there. And, one that I was interested in was, the one, Leo Kaires. He's up in up in, Kula. He's not in Mai Ahupua'a, but I met him. He's seems like he's doing some good stuff up there on the corner by Wapuna Capital. So I'm interested in that one. I probably won't be able to, find out much because you guys are going into confidential meetings confidential But meetings.

I appreciate everybody working for the county. Welcome back to the regular meetings, and I'll do my best for due diligence and read the book out there so that all the work council services office won't be wasted.

Members, any clarifying questions? Seeing none. Staff, do we have any other testifiers?

No, chair. Would you like me to do a last call? Please. If somebody would like to testify in the chamber, please let staff know or on Microsoft Teams, please raise your hand. This is final call. Three, two, one. Chair, it appears that nobody wishes to testify at the beginning of the meeting.

Thank you. We will then move on to the first, item on our agenda. So we have before us resolution 25 dash one zero nine, which would authorize the retention of Mar Jones and Wang LLLP, a special counsel to represent the County Of Maui in pre litigation negotiations regarding allegations made by the Okaires, a former County Of Maui employ employee for a total compensation not to exceed $350,000. At this time, I'm gonna please ask for opening comments from corporation cons Victoria Tapiazzu.

Good morning, chair. Good morning, committee members. We're here today to discuss our request for special counsel, due to a conflict. However, before we get started, I'd like to ask that their resolution be amended to include after pre litigation negotiations to say end litigation. We do believe litigation will be forthcoming. If we could make that amendment, that would be helpful. Thank you. And then I can continue on. So I have communications from Mr. Kyris' attorney.

Based on those communications, again, I believe litigation is forthcoming in this action. I also believe that I have, and my department has multiple conflicts with this case. We did, discuss this with the office of disciplinary council, and I believe once we go into executive session, which I will ask for, that will be evident as to why. President, I brought today Richard Rand from Mar Jones and Wang. He has, with your approval, agreed to take the case on.

He does not have any conflicts. At this time, I would like to request request that we could move into executive session to discuss confidential personnel matters as well as litigation issues. Thank you.

Thank you, corporation counsel. But before we do that, can we please move into discussion for I'm sorry, Not discussion. Testimony for resolution twenty five dash one zero nine. Do we have

any testifiers? Yes, chair. There is currently no one who has signed up to testify. I can do a last call if you'd like. Please. If somebody would like to testify in the chamber, please let staff know. Or on Microsoft Teams, please raise your hand. This is final call. Three, two, one. Chair, it appears that nobody wishes to testify.

Thank you. Member Singh, there are no individuals wishing to testify without objection. I will now close oral testimony for this item.

No objections.

Thank you. As a written as a reminder, written testimony will continue to be accepted. We will now go into discussion. Members, do you have any questions that can be asked in open session? If not, I will happily move into executive executive session. Session. Double Double checking checking online. Online. Excuse me. Thank you.

Okay. Members, seeing we don't have questions for open session, I would like to entertain a motion to convene an executive meeting in accordance with section 92 dash five a four Hawaii revised statutes to consult with legal counsel on questions and issues pertaining to the powers, duties, privileges, immunities, and liability of the county, the council, and the committee. And section 92 dash five a eight, Hawaii revised statutes to deliberate or make a decision upon a matter that requires a consideration of information that must be kept confidential pursuant to a state or federal law or a court order. Second. Thank you.

Have a motion made by member Cook, second by chair Lee, to enter into executive session for resolution 25 dash one zero nine. Any further discussion? Seeing none. All those in favor, please raise your hand and say aye. Aye. Chair,

that's eight ayes, zero nos, one excused. Member, comma. Motion carries.

You very much. For the record, the following personnel will be in attendance in this executive meeting. All council members in attendance, including myself, committee chair Nohelani U'uhajans, committee vice chair Tamara Palton, council member Tom Cook, council member Gabe Johnson, council member, comma, is excused. Council chair Alice Lee, council member Keanu Rollins Fernandez, council member Shane Senensi, and council member Yukilei Sugimura. The office of council services staff will include Peter Hanano, legislative attorney, Rochelle Kawasaki, deputy director of council services, Maria Leon, committee secretary.

And at this time, if member, I'm sorry, if deputy corporation counsel if corporation counsel could please state who, from your office and special counsel will be in attendance in this executive meeting and your titles, please. Thank you, chair. Deputies, corporation counsels, Kayla Breaux, deputy corporation counsels, Susan Leader, John Gors. And then I

would also request that attorney Richard Rand also be present.

Sounds good. At this time, we are gonna take a ten minute recess, to 09:30AM, and we will reconvene an executive meeting. And this committee is now in recess. Welcome, members. It is 10:57 a. M. And will this great committee please reconvene? We have just completed our executive session on resolution 25 dash one zero nine. And at this time, I'm going to refer to Mr. Hanano to please provide the summary in accordance with Act nineteen-twenty 23.

Thank you, Chair. Your great committee met to discuss the general nature of the allegations of the claim, basis for the conflict of interest involving the Department of Corruption Council, and the rights and liabilities of the county.

Thank you very much. Is there any further discussion before I move on to our recommendation? My recommendation? Seeing none, at this time I would like to entertain a motion to recommend the adoption of Res resolution 25 dash one zero nine, including any non substantive revisions. I have a motion made by member Sugimura and a second by member Cook. Any discussion? Seeing none. I'd like to entertain a motion to amend, the resolution to read pre litigation and litigation negotiation throughout the reso. I have a motion made by member Sugimaran and a second by member Cook. Any discussion? Seeing none. All those in favor, please raise your hand and say aye.

Aye. Chair, that's eight ayes, zero nos, one excused. Member, comma, motion carries.

Thank you. Members And, resolution with its amendments, all those in favor, please raise your hand and say aye. Aye.

Chair, eight ayes, zero nos, one excused. Member, comma. Motion carries.

Thank you very much, members. This item will move on to full council consideration. Moving on, as you know, resolutions 25 through 95 twenty five ninety five through twenty five ninety eight have been canceled, so we'll move on to the next item on today's agenda, which include which is rather resolution 25 dash one twenty, which would authorize the retention of Kobayashi, Suguta, Goda, LLP's special counsel to represent the county auditor, Lance Taguchi, as a county employee in the matter of Christopher Christopher Salem, Christopher Salem's 05/08/2025 complaint filed with the state of Department of Commerce and Consumer Affairs for a total compensation not to exceed $150,000. And at this time, I'm going to ask for comments from deputy corporation counsel John Gorse.

Good morning. We're here today to request the hiring of special counsel to represent Mr. Taguchi with regard to the 04/08/2025 complaint. Mister Salem has now brought against mister Taguchi at the Department of Commerce and Consumer Affairs concerning mister Taguchi's performance of his official duties as county auditor. This is an extension and a continuation of additional litigation and matters brought by mister Salem.

Our office has been determined to be disqualified, for representation regarding the Chris Salem matters, pursuant to the Second Circuit Court decision. Kobayashi Sugita, and Goda currently represents the county in the Second Circuit Court matter. And we are they are familiar with this matter, familiar with the allegations, and we're asking to have them appointed.

Thank you, mister Guares. Mister Taguchi, do you have any comments you would like to make? Okay. Then let's move on to testimony. Staff, do we have any testifiers wanting to testify on resolution 25 dash one twenty? Chair, there's no one signed up to testify. Would you like me to

do a last call? Please. If somebody would like to testify in the chamber, please let staff know. On Microsoft Teams, please raise your hand. This is final call. Three, two, one.

Chair, it appears that nobody wishes to testify. Thank you. Members, seeing there are no individuals wishing to testify without objection, I would now close oral testimony on this item. Thank you very much. And as a reminder, written testimony will continue to be accepted. We're now gonna go into discussion. Is there anything that we can discuss in open session? Members, do you have any questions that we can ask in open session? I know we're all quite familiar with this case at this time. Is there you guys want to add in open session other than what you said in your opening statement?

I think any discussion would need to be held in executive session. They do touch upon the liabilities, responsibilities, duties, concerning Mr. Taguchi, the counsel, our office special counsel.

Thank you very much. At this time then, I will entertain a motion to convene an executive meeting in accordance with section 92 dash five a four, Hawaii revised statutes to consult with legal counsel on questions and issues pertaining to the powers, duties, privileges, immunities, and liability of the county, the council, and the committee. And section 92 dash five a eight, Hawaii revised statutes to to deliberate or make a decision upon a matter that requires a consideration of information that must be kept confidential pursuant to a state or federal law or court order. I have a motion being by member Cook, second by member Sugimura. She was on it.

To enter into discussion for resolution 25 dash one twenty. Any further discussion? Seeing none. All those in favor, please raise your hand and say aye.

Aye. Chair, that's eight ayes, zero nos, one excused. Member, motion carries.

Thank you very much. For the record, the following personnel will be attending this executive meeting include myself, committee chair Nohei'u Hajins, committee vice chair Tamara Palatin, council member Tom Cook, council member Gabe Johnson, council chair Alice Lee, council member Keani Rollins Fernandez, council member Shane Senansi, and council member Yukilei Tsukimura. Office of council services staff include Peter Hanano, legislative attorney Rishal Kawasaki, deputy director of council services, and Maria Leon, committee secretary. From corporation counsel, miss Takayesu, will you be staying?

Yes, chair. I will be advising, as the counseling and drafting attorney.

Yes. Okay. From corporation counsel, then we have miss Victoria Takayesu, John Gors, deputy corporation counsel. We also have, county auditor Lance Taguchi. Do we have anybody else from your

Yes, chair. Deputy Susan Leader will also be present. Sounds good.

From special counsel online?

Yes, madam chair. Mister Craig Shikuma is online.

Mister Craig Shikuma is online as well. Thank you very much. At this time, I'm gonna call for a five minute recess to reconvene an, executive meeting at 10:09AM, and this meeting is now in recess. Hello again. Will the great committee please reconvene? It is 11:27 a. M. Members, we have just completed our executive meeting on resolution 20 five-one 120. At this time, I'm gonna refer to Mr. Hanano to please provide us a summary in accordance with the act nineteen twenty twenty three.

Thank you, chair. A great committee met to discuss the rights, obligations, and liabilities of the county. Thank you.

Thank you very much. Members, is there any further discussion before we move on to my recommendation? Seeing none, at this time I would like to entertain a motion to recommend the adoption of Res olution 20 five-one 120, including any non substantive revisions. So move. I have a motion by member Sugimura. Do I have a second by member Cook? Any further discussion? Seeing none. All those in favor, please raise your hand and say aye. Aye.

Chair, that's eight ayes, zero nos, one excused member, comma.

Motion carries. Thank you very much. This item will move on to full council for its consideration. Members, the next item I'm gonna save until after we return from lunch, we have special counsel joining us, and they are prepared to come in again after lunch. So do you guys wanna return at it is 11:30 now. So do you guys wanna return at one? Is that okay with those, members online? Is 01:00 okay? If not, we can come back at 01:30. One is okay? Okay. Great. I appreciate that. It is now 11:28, and this meeting is in recess until 1PM. Good afternoon.

Great committee. It is 01:09PM, and will we please reconvene? We left off this morning, and we have a few more things on the agenda. So before us, we have resolution 25 dash one two one, which would authorize the retention of, I should have asked you how to pronounce this before we went in, Breveridge. How do we Bev Beverage?

Okay. Beverage and Diamond PC, a special counsel to assist and represent the department of environmental Management, County of Maui with the permitting process and any legal challenges arising out of the issuance of an n p d e s permit for the Lahaina wastewater facility for a total compensation not to exceed $250,000. At this time, I'm gonna ask for opening comments by corporation counsel.

Thank you, chair, committee members. This is a matter relating to the Lahaina wastewater treatment facility, and its injection wells. And we all know that there was extensive litigation on this, and this is not really related to that litigation. That litigation, finished in 2021 where judge Malway, told us that these injection wells needed a Clean Water Act permit, an NPDES permit, and, and that issue is done. We're not challenging that issue, anymore.

Right now, the county has applied for that permit, that NPDES permit. That is a permit that is, facilitated by the state department of health even though it is a federal, Clean Water Act permit. So the state administers that permit. And it is an incredibly complex permitting process. It is literally the first NPDES permit that's been considered for, an injection well based water treatment facility.

So this is the first time the state and, at this point, the county of Maui have had to negotiate and figure out the terms of this, unique permit in this circumstance. So, the state and the county have been working together since that decision in 2021, trying to coordinate a workable permit and, one that the county can operate under. And that had been, successful for a while. The state issued a first draft of, an NPDES permit, some time ago, and that was, workable to the county. It had comments, but it was ultimately a workable draft.

Unfortunately, the second draft, that, DOH released after public comment in April, imposed restrictions which might be impossible under current technology for the county, wastewater facility to meet. And this puts us in an incredibly difficult position. If that second draft were to be adopted as is, the we would be in noncompliance immediately with that permit, and that puts us in a position where we might face daily fines, that can be pretty extreme. So that brings us to our, mister Silton and, Beverage and Diamond, a law firm with expertise in the Clean Water Act and specifically in NPDES permitting. The Clean Water Act itself is complex.

It requires coordination of federal statutes and regulations and state statutes and regulations, of which have to be, workable for our wastewater team to implement all of those standards in order to operate successfully under the permit. And this is, again, where mister Silton and Beverage and Diamond come in. They're not only experienced in the Clean Water Act, but in NPDES permits specifically and in representing municipalities that, have had to figure out how to work under these permits and negotiate with, the Department of Health, hopefully, on DEM's behalf to create a workable permit. They also have a a deep well of scientific experts to consult, and they essentially essentially just know what they're doing in a very complicated area of law and regulation. And, the goal here is to work with DOH, to obtain a workable permit and one that makes sense from a scientific standpoint and one that our waste water guys can actually implement.

Again, this has never been issued before, which is part of the reason why we wanna make sure we get it right. We'll be operating under this permit for who knows how long, probably decades to come. And, in a short period of time, we'll be able to, obtain the permit and operate under the permit. And in coming years, this will be more of a, like, a rote process, and it won't be so difficult for everybody to wrap their heads around. But, we just think it's really important to get this phase right, and and, that's why we wanna involve Beveridge and Diamond.

And since this is a matter of legal compliance and strategy, we would hope to answer any more questions in executive session, but the department is here. Director Shane Agawa is here as well as Scott Rollins. And, mister Silton is online, hopefully able to answer questions if you have those too.

Thank you. DEM, do you guys have anything you wanna add in opening comments? Director?

Hello? Can you guys hear me? Oh, yes. Yeah. Thank you, chair Woo Hajinsen. Just a little to add on what Deputy Corp. Consul Tarshan mentioned. She's absolutely correct. We are not trying to get out of the MPDS permit regulations. However, this next this current draft is so stringent, and I just want to kind of simplify it that if it passes as is, we will be in violation from day one.

We are not capable of following the requirements as is. So we are seeking additional counsel to help us work with DOH, not against DOH, but work with them to come up with a permit and permit requirements that we can work with and follow. Thank you.

Thank you very much. Staff, do we have any testifiers needing to testify, wanting to testify in this item 25 dash one two one. Chair, there is currently no

one who has signed up to testify. I can do

a last call if you'd like. Please. If somebody would like to testify in the chamber, please let staff know. Oh, I do see somebody just raised their hand. Okay.

I have just made the Royal House of Hawaii a presenter, so they should be able to unmute their camera and mic.

Okay. Aloha. Aloha. This is the Royal House of Hawaii. I'm testifying on on this, as a land tenant and royal patent heir of Hewa Hewa, Helu 3237, And, I just wanted to ask if any other beneficiaries of all the royal patents, and all of Maui, and the the entire county was the descendants of the royal patents, were they, what is that called?

Notified. Did they get reached out to and, discuss discussions, or have you guys reached out to them? Just wondering. And, yeah, got to call up all the beneficiaries of all the royal participants and and yeah.

No. I missed the

And please follow Kamehameha, there is laws, which is the law is still forever valid. No monarch before or after him could ever change, and, yeah. And we have to call up the descendants of the, of the royal house, the nobles, to change, make any changes. And thank you for hearing me. And, yeah, the royal house of Hawaii.

Mahalo, royal house, for your testimony members. Any clarifying questions? Seeing none. Next testifier, please. I see we have somebody walking down to the podium. Do you have anybody else signed up other than that?

Yes, Sharon. No. There's no one else signed up to testify. Just the individual who has now approached the podium.

Sounds good. Thank you.

Corey Noy, JC Law. I don't have I'm I don't think I'm gonna have time by the time you guys finish this agenda item to read the big stack of papers out there. And like they said, it's very complicated. Water is one of my kuleana, and I just wanted I wasn't gonna say anything because I'm I don't have enough information. I do have confidence in, director Ogawa, and I was along I appreciate the previous testifier because I was a little bit conflicted with why nobody mentioned The United States, but I guess those are the people that are gonna give us the $60,000 a day fine. I appreciate you guys giving me a voice today. Thank

you. Members, any clarifying questions? Seeing none, can you please do last call? Yes, chair. If somebody would

like to testify in the chamber, please let staff know. Or on Microsoft Teams, please raise your hand. This is final call. Three, two, one.

Chair, it appears that nobody wishes to testify. Thank you. Members, without objection, I will now close oral testimony.

No objections.

Thank you. And as a reminder, written testimony will continue to be accepted. We're now gonna move on to discussion. Members, if you have any questions to ask in open session, please feel free to do so before we move on to executive session. Member Cook, please go ahead.

Thank you, Chair. Director, what the first draft was acceptable. The second draft came back with some additional more stringent requirements. Was that as a result of the public input?

Thank you for that question, Member Cook. I can't definitely speak for Department of Health, but that is my understanding. After public input, a second draft was formalized.

Okay. Thank you. May I ask what are they asking that we're not capable of doing currently and it's impractical? Later question? This is a legal question. Yeah. Thank you. We would just like to say explain this in executive session. Good. Mahalo. Thank you, chair.

Of course. Thank you. Members, any other questions to ask in open session? If not, seeing none. I would like to entertain the chair would like to entertain a motion to convene an executive meeting in accordance with section 92 dash five a four, Hawaii revised statutes to consult with legal counsel on questions and issues pertaining to the powers, duties, privileges, immunities, and liability liabilities of the county, the council, and the committee.

And section 92 dash five a eight, Hawaii revised statutes to deliberate or make a decision upon a matter that requires consideration of information that must be kept confidential pursuant to state or federal law or court order. Second. Thank you. I have a motion made by member Cook, second by member Sugimura for to enter into executive session for resolution 25 dash one two one. Any further discussion? Seeing none. All those in favor, please raise your hand and say aye. Aye.

Chair, that's eight ayes, zero nos, one excused. Member, comma, motion carries.

Thank you very much. For the record, all personnel will be attending this executive meeting include, council members in attendance, myself, council I'm sorry. Committee chair, Nohei Uwajans, committee vice chair, Tamara Palton, council member Tom Cook, council member Gabe Johnson, council chair, Alice Lee, council member Keani Rollins Fernandez, council member Shane Senancy, and council member Yukilei Sugimura. Office of council service staff include Peter Hanano, legislative attorney, Michelle Kawasaki, deputy director of counsel services, and Maria Leon, committee secretary. And now if corp counsel could please state all the names and titles and if DEM is gonna be with us too, in this executive session meeting.

Thank you, chair. Present for corporation counsel are deputies Tom Colby and Kristen Torrenstrom as well as, yes, John Gors. And present from Department of Environmental Management, director Shane Agawa and Scott Rollins, as well as attorney Drew Stilton from Beverage and Diamond. And you too. And and myself. Okay.

Great. Thank you. Just double checking. Okay. Now at this time then, we will take a five minute recess to reconvene an executive meeting at 01:27 p. M. Good afternoon. It is 02:36 and will the great committee please reconvene? We have just completed our executive meeting on resolution 20 five-one 121. At this time, I'm now gonna refer to Mr. Hanano to provide us a summary in accordance with HRS Section 90 two-4B. Thank

you, Chair.

Previously known as Act 19.

You're a great committee and met to discuss rights, liabilities, obligations of the county as it relates to NPDES permit number HI-twenty1848. Thank you.

Thank you. Members, is there any further discussion before we move on to my recommendation? Thank you very much. Seeing now, I would like to entertain a motion to recommend the adoption of Resolution 20 five-one 121, including any non substantive revisions. Second. Motion made by member Cook, second by member Sugimura. Any further discussion? Seeing none, all those in favor, please raise your hand and say aye. Aye.

Chair, that's eight ayes, zero nos, one excused member, comma, motion carries.

Thank you very much. This item will move on to full counsel for its consideration. Moving on. Thank you very much. See you later. We have before us resolution 25 dash one one six, which would approve the settlement of the claim filed on 12/17/2024 with alleges which alleges negligence, respondent superior, and vicarious liability relating to an incident that occurred on 12/19/2022. And at this time, I'm gonna please request opening comments by mister John Gors.

Thank you, madam chair. This is, we're seeking settlement authority to resolve the lawsuit brought by First Fire and Casualty Insurance of Hawaii brought against the county of Maui in the complaint filed on December 1724. It is a subrogation claim brought by the insurance company as a result of a county tree falling on their insured's property causing damage. We have had some negotiations, And I would like to discuss the recommendation as to the amount of the settlement, but would do so in executive session as it does involve liabilities, obligations, responsibilities of the county.

Thank you. To mister Barony from public works, I believe you're with us. If you are, do you have any opening comments?

No opening comments.

Okay. Thank you very much. Before we get into discussion, staff, do we have anybody wanting to testify on this item? Chair, there is currently no

one who has signed up

to testify. Would you like me to do

a last call, please? If somebody would like to testify in the chamber, please let staff know. All our Microsoft teams, please raise your hand. This is final call. Three, two, one. Chair, it appears that nobody wishes to testify.

Thank you. Members, saying there are no individuals wishing to testify without objection, I would now close oral testimony. Thank you. And as a reminder, written testimony will continue to be accepted. We will move on to discussion period. So members, like, apparently, we have to go into executive session again. Is there any questions do we have for opening open session? I'm question. Go ahead, member. I'm not not

sure if it's it's open session. Can you stop me if it's not from was the tree on, like what property of the county was the tree on?

The tree was on the property adjacent to mister Gonzales' home.

Was it, like, a park or a base yard or something?

It just was a an un a county owned property. It's a county owned tree that had uprooted during the heavy winds. It was right next to the house that mister Gonzales Ricky Gonzales lives in. I'm not sure of the exact property.

What kind of tree was it? Michigan.

It was a blue eucalyptus I

believe it was 1600 Block Of PE Hollow Road.

That sounds like it could be right.

Oh, like upcountry?

Yes, ma'am.

Oh, okay. Okay. Never mind then. Thank you.

Thank you. Members, any other questions before we move into executive session? Double checking, Kate. No. I would now entertain a motion to convene an executive session in accordance with section 92 dash five a four.

Hawaii revised statutes to consult with legal counsel on questions and issues pertaining to the powers, duties duties, privileges, immunities, and liability of the county, the council, and this committee. And section 92 dash five a eight, Hawaii revised statutes to deliberate or make a decision upon a matter that requires a consideration of information that must be kept confidential pursuant to a state or federal law or court order. Thank you. I have a motion made by member Sugimura, second by member Cook. Any discussion? Seeing none. All those in favor, please raise your hand and say aye. Aye.

Chair, that's eight ayes, zero nos, one excused. Member, comma, motion carries.

Thank you very much. For the record, the following personnel will be attending this executive session. All council members in attendance, including myself, committee chair, vice chair member Pothen, council member Tom Cook, council member Gabe Johnson, council chair Alice Lee, council member Keanu Rollins Fernandez, council member Shane Senensi, and council member Yukilei Sugimura. Office of the council services staff include Peter Hinano, legislative attorney, Michelle Kawasaki, deputy director of council services, and Maria Leon committee secretary. I believe we're gonna have corporation counsel Takayesu, deputy corporation counsel John Gors, deputy director of public works Paul Barony.

Is mister Sova joining us as well? Are you gonna be excused? Do you, we'll add deputy corporation counsel Deputy corporation Sova will be joining us as well. At this time, I'm gonna call for a five minute recess to reconvene in executive session. We are now adjourned.

It is two forty three, five minute recess to executive session. Will the great committee please reconvene? It is 03:07PM. Members, we have just completed our executive session meeting on resolution 25 dash one one six. At this time, I'm gonna refer to mister Hanano to please provide us a summary in accordance with HRS Section 90 two-4B.

Thank you, Chair. Your great committee met to discuss settlement efforts as well as the rights, obligations, and liabilities of the county.

You very much. Members, is there any further discussion before we go on to my recommendation? Seeing none, I would like to entertain a motion to recommend the adoption of Resolution 20 five-one 116, including any non substantive revisions. Thank you. I have a motion made by member Cook, second by member Sugimura. Any further discussion? Seeing none, all those in favor, please raise your hand

and say aye. Aye. Chair, that's eight aye, zero nos, one excused member, comma, motion carries.

Thank you. This item will move on to full council for its consideration. As we will move on to the next item on our agenda, we have before us resolution 25 dash one one zero, which would approve the settlement of the claim filed on 03/18/2024, which alleges property damage due to a water main break, which flooded the claimant's home located at 276 Kailua Place, Apartment 101, Kihei, Maui, Hawaii on 02/08/2024. At this time, I'm gonna ask opening comments for mister John Gors.

Thank you, madam chair. We are requesting settlement authority on this claim as a result of the 02/08/2024 water main break in Kihei. The claim as submitted was for $70,395.73. We have been working with the claimant, have reached a tentative negotiated settlement of $4,545,291 dollars and 47¢. After looking at the estimates and taking into consideration a number of the items in the claim.

Claimants agreeable to this amount.

Thank you, mister Gors. I understand we have deputy director of water, mister Landgraf, on with us right now if you have any opening comments. Maybe he's not on. We can we can ask him any questions if he's around during discussion if members have questions for him. We will then move on to testimony. Do we have anybody signed up to testify?

Chair, there's currently no one who has signed

up to testify. Would you like

me to do a last call? Please. If somebody would like to testify in the chamber, please come up to the podium or please let staff know. Our Microsoft teams, please raise your hand. This is final call. Three, two, one. Chair, it appears that nobody wishes to testify.

Thank you. Members saying there are no individuals wishing to testify without objection, I will now close oral testimony. Thank you. Written testimony will continue to be accepted. Members, we will have a three minute discussion period. I believe we can handle this in open session. Yay. Us. So members, please, you have any questions, raise your hands. Any questions? Great. Double triple checking? None? Great. Then I would like to entertain a motion to recommend the adoption of resolution 25 dash one one zero, including any non substantive revisions. I have a motion made by member Suki Mora, second by member Cook. Any further discussion? Seeing none. All those in favor, please raise your hand and say aye. Aye.

Chair, we see seven ayes, zero nos, two excused members, comma, and senensi. Motion carries. Do okay. See member Osbornes. Okay. Great. This item

will then move on to full council for its consideration. Sorry. Have a little message on my screen blocking her face. Okay. Thank you very much, mister Goers. Moving on, members, to the last item on our agenda. We have before us resolution 25 dash 99, which would approve the settlement of the claim filed on 05/13/2024, which alleges gender discrimination, retaliation, and whistleblower retaliation related to incidents alleged to have occurred between 12/17/2021 and 02/07/2024, while the claimant was employed as a business administrator too with the county of the Maui Police Department. At this time, I'm going to request opening comments by mister Bradley Sova.

Thank you, chair. I think the synopsis you gave is fairly accurate, and it captures all of the opening comments I would make. Yes. This is a claim brought by the former business administrator of the Maui Police Department. It is alleging gender discrimination, retaliation, and whistleblower law violations in relation to certain employment actions from December '21 until until approximately February 2024.

Thank you, mister Sova. We have, deputy chief Maeda. Do you have any opening comments? Okay. Thank you. You are muted, but I I saw your head move no. Can we just make sure he's unmuted when we do have questions? Thank you. Before, though, moving on to discussion, do we have any testifiers wanting to testify on this item? Chair, there

is no one currently signed up

to testify. Would you like me

to do a last call? Somebody would like to testify in the chamber, please let staff know or on Microsoft Teams, please raise your hand. This is final call. Three, two, one. Chair, it appears that nobody wishes to testify.

Thank you. Members, seeing there are no individuals wishing to testify without objection, I would now close testimony on this item. Thank you. As a written as a reminder, written testimony will continue to be accepted. Again, we're gonna have a three minute discussion period, which I assume is gonna be an executive session.

Unless you members have questions that can be asked in open session. Seeing none. Then I will entertain a motion to convene an executive meeting in accordance with section 92 dash five a four Hawaii revised statutes to consult with legal counsel on questions and issues pertaining to the powers, duties, privileges, immunities, and liability of the county, the council, and the committee. And section 92 dash five a eight, Hawaii revised statutes to the to deliberate or make a decision upon a matter that requires a consideration of information that must kept confidential pursuant to a state or federal law or court order. I have a motion by member Cook.

Okay. Do I have a second? Second by member chair I'm sorry. Vice chair Palton. Any further discussion? Seeing none. All those in favor, please raise your hand and say aye. Aye. Does she have to sit down or does the walking count? K. Liz Hanoho. All those in favor, please raise your hand and say aye.

Aye. Chair, that's eight ayes, zero nos, one excused. Member, comma, motion carries. Thank you very much.

For the record, the following person, I will be in a in attend attending this executive meeting. All council members, including myself, committee chair Noheu Ohajans, committee vice chair Tamara Palton, council member Tom Cook, council member Gabe Johnson, council chair Alice Lee, councilmember Keanu Rollins Fernandez, councilmember Shane Senensi, councilmember Yukilei Sugimura. Office of council services staff include Peter Hanano, legislative attorney, Rochelle Kawasaki, deputy corporate deputy director of council services. Sorry. And Maria Leon, committee secretary. From corporation counsel, are we gonna have all four of you again? If so, can you please say everybody's names?

Yes, chair. Myself, Victoria Takiesu, corporation counsel, as well as deputy corporation counsels Brad Sova, John Gors, Susan Leader, and we also have deputy chief Wade Maeda, that we would like to have an executive session. Okay.

Okay. At this time, I'm gonna call for a four minute recess into so we can reconvene in executive meeting. This meeting is now adjourned. It is 03:16. See you guys at 03:20.

Welcome back, gang. It is 04:05, and will this great committee please reconvene? We have just left our meeting in executive session. And now I'm going to refer to mister Hanano to please provide us the summary in accordance with HRS Section 90 two-4B as it relates to Resolution 20 five-ninety nine.

Thank you, Chair. Your great committee met to discuss settlement efforts to date, strengths and weaknesses of the case, assessment of the claims alleged and the rights, obligations and liabilities of the county. Thank you, Chair.

Thank you. Is there any further discussion before we move on to my recommendation? Seeing none, I would like to entertain a motion to recommend the adoption of Resolution 20 five-ninety nine, including any non substantive revisions. I have a motion made by member Sugimura, second by member Cook. Any further discussion? Seeing none, all those in favor, please raise your hand and say aye.

Aye. Chair, that's eight ayes, zero nos, one excused. Member, comma, motion carries.

Thank you. This item will move on to full council for its consideration. Thank you so much members for sticking with me all day. This concludes the government relations, ethics, and transparency committee meeting. Thank you, corp council and staff. The time is now four zero and this meeting is adjourned.