RES 011 Draft 02 2000-2002 - Laserfiche WebLink

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COUNTY OF HAWAII STATE OF HAWAII RESOLUTION NO. 11 01 (DRAFT 2) RESOLUTION AUTHORIZING THE CORPORATION COUNSEL AND HIS AUTHORIZED REPRESENTATIVE TO ENTER INTO AN AGREEMENT WITH THE INDNIDUALLY NAMED DEFENDANTS, PARTIES, WHO ARE OR WERE OFFICIALS AND EMPLOYEES OF THE COUNTY OF HAWAII, TO REPRESENT IN THE CIVIL ACTION TANNYM. CAZIMERO V. COUNTY OFHAWA17, ETAL., CIVIL NO. 00-1-0384, AND APPOINT SPECIAL COUNSEL FOR THEM, INDIVIDUALLY, ARISING FROM THAT CASE. WHEREAS, the County of Hawaii and Chief of Police Wayne G. Cazvalho, retired, and Sergeant Hyland Chaz, are being sued in their professional and individual capacity by the Plaintiff, Tanny M. Cazimero in Civi] No. 00-1-0384; and WHEREAS, on October 2Q 2000, the Hawaii County Police Commission found that the Chief of Police Carvalho and Sergeant Chaz, at all times alleged in the complaint, were acting in the course and scope of the performance of their duty pursuant to Sections 52D-8 and 52D-9, Hawaii Revised Statutes; and WHEREAS, the Office of the Disciplinary Counsel of the Supreme Court of the State of Hawaii, has issued an opinion that representation by one attorney of multiple parties in such actions is improper unless those parties waive any potential conflict of interest involved or unless the governmental entity agrees to indemnify all the individual parties for any potential damages, WHEREAS, after being advised of their respective rights and potential conflict of interest in the above entitled case, both individually named County employees have respectfully refused to waive any potential conflict of interest, -1-