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<br /> COUNTY OF HAWAII ~ STATE OF HAWAII
<br /> RESOLUTION NO. 2'74 (~4
<br /> RESOLUTION AUTHORIZING THE CORPORATION COUNSEL, AND HIS AUTHORIZED
<br /> REPRESENTATNES, TO ENTER INTO AN AGREEMENT WITH THE INDIVIDUALLY NAMED
<br /> PARTY, WHO IS AN EMPLOYEE OF THE COUNTY OF HAWAII, TO REPRESENT HIM IN THE CIVIL
<br /> ACTION ENTITLED THOMAS G. NAUMAN VS. PAUI, BUGADO, ET AL., CNIL NO. 04-00392 DAE\LEK
<br /> WHEREAS, Officer Paul Bugado (hereinafter referred to as "Off. Paul Bugado"), is being sued in the
<br /> case entitled Thomas G. Nauman vs. Paul Bugado, et al., Civil No. 04-00392 DAE\LEK; and
<br /> WHEREAS, Off. Paul Bugado is being sued in both his official and individual capacity; and
<br /> WHEREAS, on September 10, 2004, the Hawaii County Police Commission found whatever
<br /> involvement Off. Paul Bugado might have had in this matter was also done in the performance of the officer's
<br /> duty as a police officer, pursuant to Sections 52D-8 and 52D-9, Hawaii Revised Statutes, as amended; and
<br /> WHEREAS, the Office of the Disciplinary Counsel of the Supreme Court of the State of Hawaii has
<br /> rendered the opinion that representation by one attorney of multiple parties in such actions is improper unless
<br /> those parties waive the potential conflicts involved or unless the government entity agrees to indemnify all the
<br /> individual parties for all damages, including punitive damages; and
<br /> WHEREAS, the Council of the County of Hawaii finds that the acts alleged in the complaint, if
<br /> occurred, were done in good faith and the probability of punitive damages being adjudged is small; and
<br /> WHEREAS, the Council of the County of Hawaii further finds that for this reason, it is in the public
<br /> interest to indemnify the individually named defendant, that is, Off. Paul Bugado, in this action for all damages
<br /> that maybe assessed, including punitive damages, so that the Corporation Counsel, and his authorized
<br /> representatives, can represent the individually named party, that is, Off. Paul Bugado, who is an employee of
<br /> the County of Hawaii; and
<br /> WHEREAS, the representation by the Corporation Counsel, and his authorized representatives, of such
<br /> individually named party, that is, Off. Paul Bugado, is not an admission of liability by the Council of the
<br /> County of Hawaii.
<br /> NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII, that
<br /> the Corporation Counsel, and his authorized representatives, are authorized to enter into an agreement with the
<br /> individually named party, that is, Off. Paul Bugado, who is an employee of the County of Hawaii, to carry out
<br /> the purpose of this resolution, to be executed and provided by law.
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