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COM 0637.003 1996-1998
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COM 0637.003 1996-1998
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Last modified
2/10/2016 2:29:29 PM
Creation date
5/10/2008 8:02:14 PM
Metadata
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Communications
Communications - Type
COM
Communications - Council Term
1996-1998
Communication
0637
Point
003
Author
Joseph K. Kamelamela, Deputy Corporation Counsel
Communications - Referred To
COUNCIL
Document Relationships
AGE COUNCIL 04/01/1998 1996-1998
(Related)
Path:
\Council Records\Agendas\1996-1998\Council
RES 248 Draft 01 1996-1998
(Related)
Path:
\Council Records\Resolutions\1996-1998
RES 249 Draft 01 1996-1998
(Related)
Path:
\Council Records\Resolutions\1996-1998
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WHERE,4S, the Office of the Disciplinary Counsel of the Supreme Court of the <br /> State of Hawaii has rendered the opinion that representation by one attorney of multiple <br /> parties in such actions is improper unless those parties waive the potential conflicts <br /> involved or unless the governmental entity agrees to indemnify all the individual parties <br /> for all damages, including punitive damages; and <br /> WHEREAS, the Counci] 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 <br /> being adjudged is small; and <br /> WHEREAS, the Council of the County of Hawaii finds that the payment of <br /> punitive damages serves a public purpose because it encourages public service, minimizes <br /> the costs of hiring a cadre of attorneys by the County of Hawaii and assures that a <br /> plaintiff can collect on his judgment, if any; and <br /> WHEREAS, the Council of the County of Hawaii further finds that for this reason, <br /> it is in the public interest to indemnify the individually named defendants in this action <br /> for all damages that may be assessed, including punitive damages, so that the Corporation <br /> Counsel, and his authorized representatives, can represent all the named parties who are <br /> officials and employees of the County of Hawaii; and <br /> WHEREAS, the representation by the Corporation Counsel, and his authorized <br /> representatives, of such individually named parties is not an admission of liability by the <br /> <br /> Council of the County of Hawaii. <br /> -2- <br /> <br />
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