Committee holds executive session on pre‑litigation demand; defers further action

The Maui County Council’s Government Relations, Ethics and Transparency Committee met in executive session on July 22, 2025 to consult with retained special counsel about a pre‑litigation demand from a former county employee. The committee voted 9-0 to convene the closed session and later received a public summary under Hawaii law; no legislative action was taken and the item was deferred.

Chair Nohelani said the item had been scheduled under Rule 7(b) of the council rules and Resolution 25-109 CD1, which required an initial case assessment and litigation-cost assessment from outside counsel. Deputy Corporation Counsel Susan Leiter indicated that special counsel Richard Rand was available and asked the committee to go into executive session to discuss the assessment.

Before entering closed session, staff confirmed there were no oral testifiers. Member Tamara Poulton moved to convene executive meeting under the statutes cited in the agenda; Member Tom Cook seconded. The committee recorded nine ayes and no nos.

During executive session the committee conferred with special counsel and discussed the assessment, which covered the strengths and weaknesses of the claims, settlement options, litigation strategy and the county’s rights and liabilities. After reconvening in open session, legislative attorney Peter Hanano provided the statutorily required summary: "Your great committee met to discuss special counsel's assessment of the case, which included strengths and weaknesses of the claims alleged, settlement options, litigation strategy, as well as the rights and liabilities of the county," he said.

Leiter and special counsel said the matter is in pre‑litigation; details that would reveal legal strategy and valuations were kept in executive session. Committee members were told that if the matter becomes formal litigation the court filings would generally be public unless filed under seal. The committee then deferred the agenda item without objection; it was posted for no legislative action.

The committee identified who attended the closed session on the record and took a short recess before convening the executive meeting. The committee’s summary was provided under Hawaii Revised Statutes section 92-4 as required, and the item will return to committee or full council only if further legislative steps are needed.