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n Y Mr Joseph K. Kamelamehr, - /o~j Deputy Corporation Counsel HAND-DELIVERY of the County of Hawari, ~ ? u ~ : ? P i' I 0 6 ]O1 Aupuni Street, Suite 325, IPilo Hawaii, 96720 Re: Henry A. Ross v. County of Hawaiietal; Civil~Iv.-972, Service of Process 6 October 1997 I received your letter of 3 October 1997, in which you note that you have informed Portia Haza and Shigeko Kiyogima, secretaries respectively of Defendants Prosecuting Attorney Jay Kimura and Chief of Police Wayne: Carvalho of the County that they aze not authorized to accept service of complains on behalf of other employees of the County of Hawaii. That service took place because the private addresses of police and deputy prosecutors aze not given out by the Police Department and Prosecutor's Office. So the logical place to serve these people is to deliver it to their office and leave it with a trusted person, when they are out. I have made service like that in the past and nobody has ever objected to it as you presently do. The fact that Defendams are formally sued in a personal capacity aside from their capacity as county employees, was limited in item 10 of the Amended Complaint, reading in part: Until it will appear by discovery or during trial that such is not the case, the individual defendants aze alleged to have been acting within the course and/or scope of their employment: at all times relevan herein...... County Charter Section 5 ,,>.3. Powers. Duties and Functions of Corooration Counsel reads in part: The corporation counsel shall be the chief legal advisor and legal representative of all county agencies, the council and all officers and employees in matters related to their official powers and duties. The corporation counsel shall represent the couny in all ~8~ ~roceedinas and shall perform all other services incident to the office as may be required by law. (accent added) That means that you aze the; attorney for all defendans in this case in matters related to their official powers and duties and your own letter confirms that because y~ informed the above secretaries, as their attorney, not to accept: service on behalf of other county employees, who may also be sued as individuals in this matter as per above. You have not taken into consideration that they aze bvasically sued as county employees and will only be sued as individuals when it is decided by the court that respondeat superior does not hold, even while on duty in the service of the county, as has been discussed in a recent Memorandum Opinion titled: Williams v City & Counv e:t al slip op. 18844 of ~ ~s