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<br /> COUNTY OF HAWAII STATE OF HAWAII <br /> RESOLUTION NO. 3~4 <br /> RESOLUTION AUTHORIZING THE CORPORATION COUNSEL, AND HIS <br /> AUTHORIZED REPRESENTATIVES, TO ENTER INTO AGREEMENTS WITH THE <br /> INDIVIDUALLY NAMED PARTIES, WHO ARE EMPLOYEES OF THE COUNTY OF <br /> HAWAII, TO REPRESENT THEM IN THE CIVIL ACTION ENTITLED THOMAS <br /> YOUNG vs. COUNTY OFHAWAI`I, ETAL., CIVIL NO. OS-O1-164K. <br /> WHEREAS, Mark Norman ("I~Iorman") and Lyle Hirota ("Hirota") (hereinafter also <br /> known collectively as "Employees") are being sued in the case entitled Thomas Young vs. <br /> County ofHawai `i, et al., Civil No. OS-O1-164K; and <br /> WHEREAS, according to the Complaint filed in Thomas Young vs. County ofHawal'i, et <br /> al., Civil No. OS-O1-164K, the Employees are being sued in their individual capacities; and <br /> WHEREAS, the Council of the County of Hawaii finds that whatever involvement <br /> Norman and Hirota might have had in this matter was also done in the performance of their duty <br /> as Employees for the County of Hawaii; and <br /> WHEREAS, the Office of the Disciplinary Counsel of the Supreme Court of the State of <br /> Hawaii has rendered the opinion that representation by one attorney of multiple parties in such <br /> actions is improper unless those parties waive the potential conflicts involved or unless the <br /> governmental entity agrees to indemnify all the individual parties for all damages, including <br /> punitive damages; and <br /> WHEREAS, the Council of the County of Hawaii finds that the acts alleged in the <br /> Complaint, if occurred, were done in good faith and the probability of punitive damages being <br /> adjusted is small; and <br /> WHEREAS, the Council of the County of Hawaii finds that the payment of punitive <br /> damages serves a public purpose because it encourages public service, minimizes the costs of <br /> hiring a cadre of attorneys for the County of Hawaii and the Officers, and assures that a plaintiff <br /> can collect on his or her judgment, if any; and <br /> WHEREAS, the Council of the County of Hawaii further finds that for this reason, it is <br /> in the public interest to indemnify the individually named defendants, that is, Norman and <br /> Hirota, in this action for all damages that may be assessed, including punitive damages, so that <br /> <br />