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File #: GET-11(26)    Version: 1
Type: Direct Referral Status: Agenda Ready
File created: 9/25/2019 In control: Governance, Ethics, and Transparency Committee
On agenda: 12/3/2019 Final action:
Title: LITIGATION MATTERS (SETTLEMENT AUTHORIZATION: AUTHORIZING THE MAYOR OF THE COUNTY OF MAUI TO ENTER INTO INTERGOVERNMENTAL AGREEMENTS WITH THE STATE OF HAWAII, DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS, HAWAII OCCUPATIONAL SAFETY AND HEALTH DIVISION, FOR THE SETTLEMENT OF ALLEGED VIOLATIONS AT THE KAHULUI, KIHEI, AND LAHAINA WASTEWATER RECLAMATION FACILITIES) (GET-11(26))
Attachments: 1. County Communication 19-29, 2. Correspondence from Corporation Counsel 09-25-2019, 3. Correspondence from Corporation Counsel 12-03-2019, 4. Correspondence from Corporation Counsel 12-02-2019, 5. Correspondence to Corporation Counsel 12-10-2019, 6. Correspondence from Corporation Counsel 12-10-2019.pdf
Related files: CR 19-161
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Title

LITIGATION MATTERS (SETTLEMENT AUTHORIZATION:  AUTHORIZING THE MAYOR OF THE COUNTY OF MAUI TO ENTER INTO INTERGOVERNMENTAL AGREEMENTS WITH THE STATE OF HAWAII, DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS, HAWAII OCCUPATIONAL SAFETY AND HEALTH DIVISION, FOR THE SETTLEMENT OF ALLEGED VIOLATIONS AT THE KAHULUI, KIHEI, AND LAHAINA WASTEWATER RECLAMATION FACILITIES)  (GET-11(26))

 

Description

The Committee is in receipt of correspondence dated September 25, 2019, from the Department of the Corporation Counsel, transmitting a proposed bill entitled “A BILL FOR AN ORDINANCE AUTHORIZING THE MAYOR OF THE COUNTY OF MAUI TO ENTER INTERGOVERNMENTAL AGREEMENTS WITH THE STATE OF HAWAII, DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS, HAWAII OCCUPATIONAL SAFETY AND HEALTH DIVISION, FOR THE SETTLEMENT OF ALLEGED VIOLATIONS AT THE KAHULUI, KIHEI, AND LAHAINA WASTEWATER RECLAMATION FACILITIES.”  The purpose of the proposed bill is to authorize the Mayor to enter intergovernmental agreements with the Hawaii Occupational Safety and Health Division, Department of Labor and Industrial Relations, State of Hawaii, for the settlement of alleged violations at the Kahului, Kihei, and Lahaina Wastewater Reclamation Facilities regarding the handling and recordkeeping of chlorine gas, during inspections held in August 2018, as described in Citation and Notification of Penalty, attached as Exhibits “1” through “3.”

 

Status

The Committee may consider whether to recommend passage of the proposed bill on first reading, with or without revisions.  The Committee may also consider the filing of the correspondence and other related action.

 

Note

With reference to this agenda item, one or more executive meetings are anticipated pursuant to Section 92-5(a)(4), Hawaii Revised Statutes, to consult with legal counsel on questions and issues pertaining to the powers, duties, privileges, immunities, and liabilities of the County, the Council, and the Committee.