HILO — Mayor-elect Harry Kim’s administration hasn’t even taken over yet, but the County Council is already trying to stave off a possible purge in the Office of Corporation Counsel.
The legislative body voted 8-1 Wednesday to change the county code so the mayor and council would have to approve the hiring or firing of deputies in that office, the civil attorneys who represent the county in lawsuits. The measure, Bill 254, faces a final reading Nov. 16 before heading to Mayor Billy Kenoi for signature or veto.
Hilo Councilman Aaron Chung, an attorney, fast-tracked the bill because, he said, he’s concerned about the loss of good, capable attorneys representing the county. He questioned why Corporation Counsel appointee Joe Kamelamela has notified deputies of pending job losses even before he himself has been confirmed by the County Council to fill the post.
“It’s a little bit presumptuous for a person who isn’t in office, hasn’t been confirmed, to be giving people pink slips,” Chung said.
Kim takes office Dec. 5. His appointees face council confirmation shortly after in a process that can take as long as three months.
The bill is a conundrum for Corporation Counsel Molly Stebbins, who will be leaving office next month. On the one hand, she said, she has concerns about her deputies’ job security. On the other, she doesn’t think the council should be “micromanaging” county offices.
Stebbins said Kamelamela told almost half the attorneys in her office they won’t be retained.
“When asked, no reason or explanation was provided to them and the opportunity to have any further discussion was refused. These are dedicated, hard-working employees whose experience is a tremendous asset to the county and who will be very difficult to replace,” Stebbins said in a statement Thursday. “While all the attorneys understand that they serve at-will, the lack of respect and professional courtesy being shown to them is incredibly disappointing.”
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.
Kamelamela has a history with the office. He retired unexpectedly and two other deputies were fired after Stebbins took over in 2014. West Hawaii Today is not naming the attorneys to preserve their privacy.
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.
Kamelamela said his actions aren’t retaliatory. He said he talked to all the attorneys in the office, as well as Kim.
“The charter is clear that the term of office of the deputies ends at the time Mayor-elect Harry Kim is inaugurated,” Kamelamela said. “The mayor’s policy is not to make any decision on retaliatory or vindictive basis. We will treat everyone fairly when deputies must typically submit their resignations at the end of this term.”
Kohala Councilwoman Margaret Wille, the sole dissenting vote and also an attorney, said she thinks the bill is inappropriate. A charter amendment would be the way to address this issue, she said.
“I see it as a rush job here,” Wille said. “There’s something too close to personalities and politics for me to feel comfortable.”
Wille said there was no hue and cry when the “Billy people” fired attorneys, so she doesn’t think it fair to put in rules now so the Kim administration can’t do the same.
“We’ve got a new kingdom coming in and a new regime,” Wille said, “and he didn’t want the vestige and potential conflicts of the old.”
Kim said Saturday he doesn’t think it’s appropriate to draft legislation in reaction to a single situation. He said he’s planning to talk with council members, because “I’ve got more questions than answers right now.”
Chung acknowledged the bill is a reaction, but he said he sees it more as a humanitarian bill he drafted because of his concerns about the county’s ability to pursue civil litigation with many of the old hands gone.
Regardless of the fate of the bill, the controversy and 8-1 vote could signal a tough confirmation process ahead for Kamelamela.
“The council should be able to trust the corporation counsel — and any department head — to make sound and appropriate personnel decisions,” Stebbins said. “I think if the council has concerns in this regard, they should seriously take those concerns into consideration when voting whether to confirm an individual in the first place.”