COM 0564.001 1996-1998 - Laserfiche WebLink

Home

" OFFENDERS SHOULD EITFtER PAY FOR THEIR OWN DEFENSE, LIKE EVERYBODY IN A SIMILAR SITUATION, OR t3E RELEGATED TO SHOPt], their union? 14. In the case it was decided that Mate was jy~ protected by HRS 52D- 8 8 9, although he ailed while on duty and in uniform, and "under the color of authority'. The Supreme Court decided M supra that according to #228 of the Restatement ~ Agency (secpnd)(1955) that "Conduct o/ a servant is not within the scope of employment N it is different in kind from that authorized, far beyond the autl~orized time or space limits, or too little actuated by a purpose to serve the master." Under these guidelines the police defendants are not entitled to any defense paid for by the . This is also true for the Chief because he has failed to promulgate rules of procedure (General Orders) in accord with HRS 91 as is mandated by the County Charter and HRS 52D-3 and should have been supervised by Po1.Com. 15. As no money is asked to legally represent the defendark~roaecutors from Po1.Com. or the Council at this junction, this matter may be left alone for now, but it must be remarked that Williams supra also gives guidelines in the same vein for prosecutors who do not fulfil their required teaks and are sued, as is the case here. 16. THE STATUTE when k states in tl2D-9 that "THE DETE YrNemw OF THE POLICE COMMISSION SH_er ~ BE GONCLU~ cn~ T~+~ ar rappcs no ITH.eT13ECT10N AND SECTION 62D~" IS GLEeQ1 Y UNG^NSTITUTIO r ON ITa FACE There is ~aoh~tety nothirp the United States that is conducive until it has been decided by at least 2 of the 3 powers of government. THERE IS ALWAYS APPEAL 17. k is therefore not surprising that the Coundi has deMrnd this issue and it might behoove Pol Com to do the same till the matter has been cleared o before public moneys thrown out the window wi ~ It seems bad enough that another, the Wiltiarn Silva et at vs. Courrtv of Hawaii et al case, Civil No. 96-00359 DAE(U.S.) that was on the same Co~xx:il agenda today has swalk~nred 5300,000 in legal fees already and will likely require another such sum in fees after which a settlerrier>t wiN follow, all of that for illegalities perpetrated within the county police department. It is about time police starts paying such expenses out of its own pockets instead d at public expense, moreso because these matters have nothing at all to with its prime task of protecting the public. 4 A 4