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<br /> -June 1, 2006 <br /> Board of Directors <br /> Page 10 <br /> determine whether a particular road design was negligent and caused or <br /> contributed to the cause of an accident on Makalei Drive. <br /> Government officials are generally protected by the doctrine of qualified <br /> immunity. Qualified immunity means that a government official or employee will <br /> not be held personally liable for negligent acts or omissions in the scope and <br /> course of employment. The immunity can be lost where the government official <br /> acts maliciously, intentionally, with gross negligence, or in knowing violation of <br /> the law. Fuiiwara v. Clark, 703 F.2d 357 (9s' Cir. 1983); `~~s v O'~paryr 55 <br /> F.3d 320 (7'~ Cir. 1995); Harlow v Fi~gerald 457 U.S. 800 (1982). <br /> It appears that the County Council members and other government officials <br /> involved with the Makalei Drive dedication know, or are at least on notice, that <br /> Makalei Drive was constructed in violation of the Zoning Code and Subdivision <br /> Code. If the government officials accept the dedication of the road, and someone <br /> is hurt on the road as a result of a negligent design of the road, arguably the <br /> injured person would have viable claims against the responsible officials <br /> personally. Further research would be required to evaluate the likelihood of a <br /> plaintiff in such a case succeeding on these claims. <br /> CONCLUSION <br /> Under the Subdivision Code, the County can only aaxpt dedication of roads <br /> that are in compliance with the Subdivision Code. If the County accepts the <br /> dedication of Makalei Drive as a collector street, the County will be in further <br /> violation of its own codes and ordinances. Additionally, the County may be in <br /> breach of its duty to provide reasonably safe roads to the public if it allows <br /> Makalei Drive to be used as a collector street. Government officials are generally <br /> not liable for negligent acts or omissions occurring in the oaurae of their official <br /> duties or employment. If government officials commit acts outside the course and <br /> scope of employment, commit intentional torts, act with gross negligence, or <br /> knowingly violate the law, the officials can arguably be held personally liable for <br /> resulting torts. <br /> Should you have any questions, please do not hesitate to contact me. <br /> ery ~Y , <br /> KEVIN E. 00 <br /> KEM/la <br /> 615197.I.S354-I <br /> <br />