RES 203 Draft 01 1996-1998 - Laserfiche WebLink

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. . Yamashiro, Prosecutor Kimura, Deputy Prosecuting Attorney Smith and Deputy Prosecuting Attorney Garcia might have had in this matter were also done in the scope of their employment; and WHEREAS, the Office of the Disciplinary Counsel of the Supreme Court of the State of Hawaii has rendered the opinion that representation by one attorney of multiple parties in such actions is improper unless those parties waive the potential conflicts involved or unless the governmental entity agrees to indemnify all the individual parties for all damages, including punitive damages; and WHEREAS, the Council of the County of Hawaii finds that the acts alleged in the complaint, if occurred, were done in good faith and the probability of punitive damages being adjudged is small; and WHEREAS, the Council of the County of Hawaii finds that the payment of punitive damages serves a public purpose because it encourages public service, minimizes the costs of hiring a cadre of attorneys by the County of Hawaii and assures that a plaintiff can collect on his judgment, if any; and WHEREAS, the Council of the County of Hawaii further finds that for this reason, it is in the public interest to-indemnify the individually named defendants in this action . . for all damages that may be assessed, including punitive damages, so that the Corporation Counsel, and his authorized representatives, can represent all the named parties who are ",\ officials and employees of the County of Hawaii; and -2-