Council gives itself power to shield lawyers facing likely fire under new admin

HILO — Despite warnings from local attorneys that the measure probably violates the County Charter, the County Council voted 6-2 Wednesday to send the mayor a bill giving the council more say over the firing of county civil attorneys.

Hilo Councilman Aaron Chung had introduced Bill 254 after learning Corporation Counsel appointee Joe Kamelamela had notified deputies of pending job losses even before he himself has been confirmed by the County Council to fill the post.

Chung was concerned about the loss of good, capable attorneys representing the county.

“From what I heard, he was very rude,” Chung said.

Current Corporation Counsel Molly Stebbins said Kamelamela told almost half the attorneys in her office they won’t be retained.

“Have you now offered them positions?” Chung asked Kamelamela.

“Yes,” responded Kamelamela.

“Did you apologize?” asked Chung.

“Yes, of course,” Kamelamela responded.

The council had voted 8-1 on first reading earlier this month to change the county code so the mayor and council would have to approve the hiring or firing of deputies in that office. Kohala Councilwoman Margaret Wille, like Chung an attorney, had been the sole dissenting vote.

The corporation counsel is appointed by the mayor, confirmed by the council and may be removed by the mayor with the approval of the council, under the charter. Unlike other top officials in county government, the corporation counsel represents the council, as well as the administration. All the attorneys’ positions run coterminous with the mayor, under the charter.

The 11 deputy positions, which pay $99,240 annually, are overseen by two section chiefs and an assistant corporation counsel, who make slightly more. The corporation counsel — the mayor’s appointee — makes $110,244.

Former South Kona Councilwoman Brenda Ford, who’s successfully sued the county in the past, said she’s consulted an attorney and there would be more lawsuits if the bill passed. She chastised Chung, an attorney, for introducing a bill that he should have known was illegal.

“This makes a mockery of our constitution,” Ford said in testimony. “It violates the constitutional intent of separation of powers and provision of checks and balances.”

If the mayor vetoes the measure, it will take six votes of the new council to override it.

Wille on Wednesday successfully amended the bill to postpone implementation until July 1, rather than it taking effect immediately. She then voted in favor of the bill.

“I want to stay out of where we’re dealing with different personalities,” Wille said.

Hamakua Councilwoman Valerie Poindexter, who had voted in favor previously, changed her vote to a no, calling the bill a “knee-jerk reaction.”

“There is a check and balance in place,” Poindexter said, adding the council has the power to not confirm Kamelamela if it disagreed with how he’d run the office.

North Kona Councilwoman Karen Eoff also changed her vote to a no, saying she respected several of the attorneys, former county lawyers themselves, who testified against the measure.

“I think that Mr. Chung has accomplished his goal of bringing the conversation to light,” Eoff said.

She was philosophical about the disagreements among the attorneys.

“I can see that attorneys can argue the subtleties of legality forever,” Eoff said. “That’s what they do.”