REP FC 191 01/06/1998 1996-1998 - Laserfiche WebLink

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REPORT OF THE COMMITTEE ON FINANCE DATE: January 6, 1998 Re: Comm. No. 637/Res. No. 203 PLACE: Councilroom TIIvIE: 11:00 A.M. Chair and Members Hawaii County Council Hilo, Hawaii 96720 Your Committee on Finance.. to which was referred Resolution No. 203, reports as follows: Resolution No. 203, transmitted jointly with Resolution No. 204 by Corporation Counsel Richard Wurdeman, via Communication No. 637, dated December 12, 1997, authorizes the Corporation Counsel and his authorized representatives to enter into an agreement with the individually named defendants who are officials and employees of the County of Hawaii, to represent them in the civil action entitled Henry Ross vs. County of Hawaii, et al., Civil No. 97- 452. Mr. Henry A. Ross in Civil No. 97-452 is suing the County of Hawaii, Mayor Stephen K. Yamashiro, Chief of Police Wayne G. Carvalho, Police Officer Steven S. Clark, Police Officer Joseph T. Lally, Police Lt. Henry W. Hickman, Police Officer Joseph Kealoha, Police Officer Alan M. Kimura, Prosecutor Jay Kimura, Deputy Prosecuting Attorney William Smith and Deputy Prosecuting Attorney Janet Garcia, who are officials and employees of the County of Hawaii. This resolution was implemented according to a new procedure developed by the Office of the Corporation Counsel which is intended to formalize the actions of the Council relating to the indemnification of co-defendants in a law suit involving the County of Hawaii. In support of the new procedure, and the need for County indemnification of co-defendants in certain situations, that office cited an opinion rendered by the Office of the Disciplinary Counsel of the Supreme Court of the State of Hawaii, which states representation by one attorney of multiple parties in such actions is not improper where those parties waive the potential conflicts involved or where the governmental entity agrees to indemnify all the individual parties for all damages, including punitive damages. Therefore, Resolution No. 204 authorizes the Corporation Counsel and his authorized representatives to enter into an agreement with the individually named defendants whereby the County will indemnify said parties for all damages that may be assessed in this action, including punitive damages, for the purpose of allowing the Office of the Corporation Counsel to represent the above named employees who are co-defendants with the County of Hawaii in the instant action. Resolution No. 203 further authorizes the Mayor of the County of Hawaii to sign the agreement entered into by the Corporation Counsel with the named party on behalf of the County of Hawaii. FC REPORT NO. 191