As 38 of 48 lawsuits naming Kaua‘i as a defendant last year remain open — 2006 is the most up-to-date information the Kaua‘i County Attorney’s Office is willing to publicly release — some plaintiffs wonder whether officials have been advised
As 38 of 48 lawsuits naming Kaua‘i as a defendant last year remain open — 2006 is the most up-to-date information the Kaua‘i County Attorney’s Office is willing to publicly release — some plaintiffs wonder whether officials have been advised to hold out, banking on the chances that most residents have less of a bankroll than the county to keep the fight ongoing in court.
Though some attorneys for the plaintiffs say it’s up to residents to do more than point their fingers at a potentially less-than-forthcoming government.
“The public needs to actively seek these records,” said Dan Hempey, an attorney for a plaintiff who successfully sued the county for executive session minutes stemming from an August 2002 meeting.
“The law provides for expedited court trial dates when the case is records-related,” he said, noting he really hasn’t seen an aggressive push for government records in county court.
Of the nearly $1.9 million in outside counsel and legal fees the county spent in 2006 — which doesn’t include the settlement amounts for 38 cases yet to be determined — only one “in house” case lacking a settlement required additional legal costs — that of Anthony Sommer.
That’s because the statute stipulates that a plaintiff who successfully sues for public records can recover their attorney’s fees.
Though Sommer, a former Honolulu Star-Bulletin reporter, didn’t get a cash settlement of his own, he didn’t have to pay for an attorney when he won the rights to view the partially redacted minutes he was seeking.
Sommer, who was allegedly fired in the wake of a “threat” he made when requesting the 2002 County Council executive session minutes, sued the county for access to transcript of a $215 million deal discussion about the Public Utilities Commission and the Kauai Island Utility Cooperative.
The case settled out of court with the agreement by Sommer and the county that the decision of what portion of the minutes would be redacted left solely up to former judge George Masuoka.
The minutes — which include talks regarding the then-potential for the KIUC Board of Directors to establish a nominating committee of board members who would in turn nominate those that they would like to see serve on the board — have 16 removed paragraphs.
Though the pursuit of government documents often means the records that are yielded from a successful case are no longer fresh, Hempey said capturing a trial date is still worthwhile.
Sommer said he didn’t have the financial stamina to keep the case going to the appellate level; however, if he had, the case could have had the potential to set a precedent.
According to the court documents filed July 5, 2006, the portions of the Aug. 22, 2002, minutes that were deemed “privileged,” included discussions of strategy in regard to the Public Utilities Commission case, involving the Kaua‘i Island Utility Cooperative and possible litigation in the future and information and advice from special counsel regarding procedures and recommendations on how to handle certain matters.
Other portions of the transcript that weren’t redacted included the names of those involved in the discussion, including William Milks, who was defined as special counsel to former Mayor Maryanne Kusaka, Ron Kouchi and current-Sen. Gary Hooser.
• Amanda C. Gregg, assistant editor/staff writer, can be reached at 245-3681 (ext. 252) or agregg@kauaipubco.com.
