By BRIAN PERRY
Staff Writer
WAILUKU -- An attorney from outside Maui County will be sought to advise the Maui Planning Commission's deliberations on the North Beach development, Mayor Linda Lingle announced Wednesday.
The mayor's announcement comes two days after public testimony on a proposal by Council Member Wayne Nishiki to hire independent counsel for the planning panel. Nishiki maintains unbiased legal advice is needed because Corporation Counsel J.P. Schmidt signed an agreement with North Beach developers giving the county an option to buy 33.8 acres at North Beach, also known as Kekaa, for $15 million.
In her news release, Lingle says she contacted Maui Planning Commission Chairwoman Louise Ross and the two agreed that ``because this is a unique situation, a special counsel would be appropriate.''
The mayor said she doesn't agree there's a conflict of interest, but she prefers there be no appearance of a conflict.
``It's about time,'' Lahaina resident and North Beach intervenor Buck Buchanan said of Lingle's decision. ``It's too bad we had to go through all the rhubarb.''
Dana Naone Hall, one of those critical of the administration's option agreement, congratulated the mayor on her decision, but said she wants to see details of how an independent counsel would be chosen.
Hall said she wants to be certain the counsel is ``not coached by the Lingle administration.''
Lingle said Schmidt will seek help from a deputy corporation counsel from one of the state's other counties to advise the Maui planning panel. She noted such action was taken before in an issue before the county Board of Ethics.
Nishiki applauded the mayor's move to seek independent counsel and agreed it's important to avoid even the appearance of impropriety.
``I know that all of us in county government want to uphold the highest standards of ethics in the decision-making process,'' he said.
Still, Nishiki pointed out the decision to employ or retain special counsel belongs to the council.
``It's not in the administration's realm,'' he said. ``With a unanimous opinion by the Supreme Court of Hawaii last December supporting the council's authority, there shouldn't be any confusion.''
Nishiki said the council will take up the independent counsel issue Nov. 21.
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Psy 412 Miami University. Last revised: . This document has been accessed times since July 15, 1997. Comments & Questions to R. Sherman .