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REPORT OF THE <br /> COMMITTEE ON FINANCE <br /> DATE: Januazy 6, 1998 Re: Comm. No. 637/Res. No. 204 <br /> PLACE: Councilroom <br /> TIIv1E: 10:30 A.M. <br /> Chair and Members <br /> Hawaii County Council <br /> Hilo, Hawaii 96720 <br /> Your Committee on Finance, to which was referred, reports as follows: <br /> Resolution No. 204, transmitted jointly with Resolution No. 203 by Corporation Counsel <br /> Richazd Wurdeman, via Communication No. 637, dated December 12, 1997, authorizes the <br /> Corporation Counsel and his authorized representatives to enter into an agreement with the <br /> individually named defendant who is an employee of the County of Hawaii, to represent him in <br /> the civil action entitled Dean E Beaumont vs. Richard Carter, Jr., et aZ, Civil No. 97-187K. <br /> This resolution was implemented according to a new procedure developed by the Office of the <br /> Corporation Counsel which is intended to formalize the actions of the Council relating to the <br /> indemnification of co-defendants in a law suit involving the County of Hawaii. In support of the <br /> new procedure, and the need for County indemnification of co-defendants in certain situations, <br /> that office cited an opinion rendered by the Office of the Disciplinary Counsel of the Supreme <br /> Court of the State of Hawaii, which states representation by one attorney of multiple parties in <br /> such actions is not improper where those parties waive the potential conflicts involved or where <br /> the governmental entity agrees to indemnify all the individual parties for all damages, including <br /> punitive damages. <br /> Therefore, Resolution No. 204 authorizes the Corporation Counsel and his authorized <br /> representatives to enter into an agreement with Hawaii County Police Officer Richazd Carter Jr. <br /> whereby the County will indemnify said party for all damages that may be assessed in this <br /> action, including punitive damages, for the purpose of allowing the Office of the Corporation <br /> Counsel to represent the above named employee who is a co-defendant with the County of <br /> <br /> Hawaii in the instant action. <br /> <br /> Resolution No. 203 further authorizes the Mayor of the County of Hawaii to sign the agreement <br /> entered into by the Corporation Counsel with the named party on behalf of the County of <br /> <br /> Hawaii. <br /> <br /> Resolution No. 204 was amended to delete the provision which states the Council concurs with <br /> <br /> the findings of the Hawaii County Police Commission as that body's findings are deemed <br /> conclusive pursuant to 52D-9 of the Hawaii Revised Statutes. <br /> FC REPORT NO. 192 <br /> <br />