Committee advances $120,000 increase for special counsel defending Hawaii County in workers' compensation cases

The Committee on Governmental Operations and External Affairs voted May 20, 2025, to forward Resolution 185-25 to the full Hawaii County Council with a favorable recommendation to increase funds for outside special counsel defending the county in workers' compensation matters by $120,000.

The additional funding would raise total authorized compensation for the firm Veil, Kunihiro, Brook, and Kim to a cap of $420,000 for the current contract period, which runs through Sept. 30, 2025. Committee Chair Jen Kaguewara presided over the session in council chambers with several council members participating remotely from Kona.

Why it matters: The County’s Office of Human Resources and the Office of Corporation Counsel said the existing contract funds were exhausted earlier than expected after hourly rates increased and one attorney handling most of the county work became a partner. Summer Tokihero, director of human resources, told the committee, “We currently have a three-year contract with Leon Kunihiro and Brooke for special counsel defense counsel services specific to workers' compensation. It's such a specialty area. We haven't been able to fill that need in our Office of the Corporation Counsel, which is why we've gone for a contract externally.”

Tokihero told the committee that rates on the contract increased after remaining unchanged for about eight years and that a partner promotion at the firm led to higher billing rates. "The contract funds have been exhausted as of April," she said, and the $120,000 request is to cover the remainder of the contract period while staff prepare a new professional-services procurement for a contract beginning in October.

Committee members questioned procurement and cost comparisons. Councilmember David Onishi asked for clarity about the need for the $120,000 increase and how the firm compared to others on the county’s professional services list, saying, "So you're saying that we need to pay a hundred 20,000 more for the end of fiscal year?" Assistant Corporation Counsel Jay Yoshimoto and Human Resources staff said selection for the prior contract came from the county’s professional services list and that firms are evaluated by a panel on qualifications. Yoshimoto said he did not have the historical cost comparisons readily available but described the evaluation as based on multiple criteria beyond price. Reid Sowaki from Finance offered to provide cost-comparison details to the committee after the meeting.

The committee’s motion to forward the resolution came from Councilmember Kerkowitz and was seconded by Councilmember Eustace. The clerk recorded the committee vote as seven ayes, with Councilmembers Kimball and Konya Lee Kleinfelder excused. The committee’s favorable recommendation sends Resolution 185-25 to the full county council for final action.

The Office of Human Resources said staff will complete the current contract period through Sept. 30 and then run a professional-services procurement process to evaluate firms for a new contract starting in October 2025. The resolution authorizes the immediate extension of funds so the firm can continue to represent the county through the end of the current contract period.