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File #: GET-1(3)    Version: 1
Type: Direct Referral Status: Agenda Ready
File created: 10/22/2020 In control: Governance, Ethics, and Transparency Committee
On agenda: 11/6/2020 Final action:
Title: APPOINTMENT AND REMOVAL OF ADMINISTRATIVE HEADS OF DEPARTMENTS (PROSECUTING ATTORNEY) (GET-1(3))
Attachments: 1. County Communication 19-1, 2. Correspondence from Mayor 10-21-2020, 3. Testimony from Sylvia Cabral 10-27-2020, 4. Correspondence to Mayor 10-28-2020, 5. Correspondence to Corporation Counsel 10-28-2020, 6. Correspondence to Corporation Counsel 10-29-2020, 7. Correspondence from Corporation Counsel 10-29-2020, 8. Testimony from Jeana Kerr 11-01-2020, 9. Testimony from Lou Furst 11-01-2020, 10. Testimony from Maria Termulo 11-01-2020, 11. Testimony from Mario Cardone 11-02-2020, 12. Testimony from Elizabeth Ayson 11-02-2020, 13. Testimony from Jo-Ann Aiwohi 11-02-2020, 14. Testimony from George Powell 11-02-2020, 15. Testimony from Lily Gutierrez 11-02-2020, 16. Testimony from Zora Bulatovic 11-02-2020, 17. Testimonies 11-3-2020 through 11-4-2020, 18. Correspondence from Corporation Counsel 11-04-2020, 19. Correspondence from Don Guzman 11-05-2020, 20. Correspondence from Corporation Counsel 11-09-2020
Related files: CR 20-153
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Title

APPOINTMENT AND REMOVAL OF ADMINISTRATIVE HEADS OF DEPARTMENTS (PROSECUTING ATTORNEY) (GET-1(3))

 

Description

The Committee is in receipt of the following:

1.                     Correspondence dated October 21, 2020, from the Mayor, transmitting a proposed resolution entitled “APPROVING THE REMOVAL OF PROSECUTING ATTORNEY DONALD S. GUZMAN.”  The purpose of the proposed resolution is to approve the removal of Donald S. Guzman as Prosecuting Attorney, in accordance with Section 8-3.2 of the Revised Charter of the County of Maui (1983), as amended.

2.                     Correspondence dated October 29, 2020, from the Department of the Corporation Counsel, transmitting a proposed resolution entitled “DISAPPROVING THE REMOVAL OF PROSECUTING ATTORNEY DONALD S. GUZMAN.”  The purpose of the proposed resolution is to disapprove the removal of Donald S. Guzman as Prosecuting Attorney, in accordance with Section 8-3.2 of the Revised Charter of the County of Maui (1983), as amended.

 

Status

The Committee may consider whether to recommend adoption of either proposed resolution, 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 in accordance with Section 92-5(a)(2), Hawaii Revised Statutes, to consider the hire, evaluation, dismissal, or discipline of officers or employees or of charges brought against the officers or employees, where consideration of matters affecting privacy will be involved, provided that if the individual concerned requests an open meeting, an open meeting shall be held; 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; and Section 92-5(a)(6), Hawaii Revised Statutes, to consider sensitive matters related to public safety or security.