COM 0637.003 1996-1998 - Laserfiche WebLink

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w.e Stephen K. Yamuhiro Ric}utd Wurdnean Ate3or Csrpore~ien Ceeerf M'~i~~• ~II1tItfL1 IIf ~?lfUIItT OFFICE OF THE CORPORATION COUNSEL 101 Aupuel greet, Suite lIS • Hilo, Hawi'i %730.363 • (!0!1 %11351 • Fas 1!!08) %I-1633 Jay ICimur~ Esq. Prosecuting Attorney 34 Rainbow Drive Hilo, HI 96720 Dear 1 ay: Re: Hire Cy A. Ross vs. Counri of Hawaii. et al.. Civil No. 97-452 We enclose an Agreement Providing Representation by the Office of the Corporation Counsel ("Agreement") and a copy of the resolution authorizing the Corporation Counsel, and his authorized reprexntatives, to enter into an agreement to represent you in the above-referenced matter. After reviewing the Agreement, sign and return it to our office. A. County Council Resolution. We obtained the approval of the County Council to represent you. Because of potential conflicts of interests between the County of Hawaii ("County") and you, the County Council has agreed to indemnify you for any and all damages, if any, awarded by a court orjury against you. There aze several potential conflicts of interests between the County and you. First, the complaint xeks punitive damages against you; hence, the County generally has no legal duty to pay punitive damages should they be awarded. Second, there may be significant differences of opinion bttweea the County and you as to whether this case should be settled or tried. Third, it is possible, although we doubt it, that with sepazate counxl you may pursue counterclaims against the plaintiff or third-party claims against others orcross-claims against other defendants which possibilities the County itself has little or no interest or concern. Indeed, it could not represent you as to cross-claims, since those would lie against other defendants we represent also. Finally, there is always the possibility of differing recollections of past events and testimonial differences and nuances which aze not discernible at this time. EXHIBIT