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Form#: B-52 <br /> 7/18/91 <br /> DEPARTMENT OF FINANCE <br /> REQUEST FOR COUNCIL ACTION <br /> DEPARTMENT: Office of the Corporation Counsel DATE: April 30, 2025 <br /> STAFF CONTACT: Lerisa L. Heroldt PHONE: 808-961-8251 <br /> A. REQUEST: <br /> The Office of the Corporation Counsel ("OCC") requests the placement of the attached draft resolution on <br /> the Governmental Operations and External Affairs Committee agenda for its meeting on May 20, 2025. The <br /> attached draft resolution made pursuant to Hawaii County Code§ 2-188 (2016) will authorize the County to <br /> pay the negotiated settlement amount in the lawsuit known as Aryn Mitsuo Yoshida et al. v. County of <br /> Hawaii et al., Civil No. 3CCV-23-0000038("Lawsuit")on behalf of the County employees and former County <br /> employees named as individual defendants in the Lawsuit. <br /> B. BACKGROUND AND JUSTIFICATION (USE ADDITIONAL SHEETS AS NEEDED): <br /> The Lawsuit arises from a fatal work injury involving Department of Parks& Recreation ("DPR")Tree <br /> Trimmer Ryan Yoshida, deceased. On January 27, 2021, Mr. Yoshida was trimming coconut trees at Hale <br /> Halawal Park. He was rappelling down a 60-foot tree when the frond he was using to hold his line and <br /> weight gave out and he fell. Mr. Yoshida sustained serious injuries and was transported to Queen's Medical <br /> Center the same day. Mr. Yoshida never recovered from his injuries and was in vegetative state until he <br /> passed away on February 8, 2022. <br /> Mr. Yoshida's Estate, his mother and four(4) adult children commenced the Lawsuit against the County and <br /> six (6) current or former DPR employees in early 2023. On April 16, 2025, the Hawaii County Council <br /> concurred with OCC's recommendations regarding settlement authority and indemnification of the six (6) <br /> current or former DPR employees. Based on the Hawaii County Council's grant of settlement authority to <br /> OCC and approval of County indemnification for the six(6) current or former DPR employees against <br /> damages, the parties reached agreement on monetary settlement terms during mediation on April 21, 2025. <br /> Hawaii County Code§2-188 requires the Council adopt a resolution making specific findings in order for the <br /> County to indemnify employees and former employees against damages assessed in lawsuits naming them <br /> as individual defendants which arise out of the course and scope of the employees' and/or former <br /> employees' County employment. The attached resolution meets the objective and requirements of Hawaii <br /> County Code§2-188, and its adoption is required to effectuate the settlement of the Lawsuit. <br /> erA <br /> SIGNED: • <br /> DATE: r! yS <br /> D artment Head <br />