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<br />--.-.-- --- <br />. " <br /> .. . . <br /> <br />WHEREAS, the Office of the Disciplinary Counsel of the Supreme Court of the <br /> <br />State of Hawaii has rendered the opinion that representation by one attorney of multiple' <br /> <br />parties in such actions is improper unless ,those parties waive the potential conflicts <br /> <br />involved or unless the governmental entity agrees to indemnify all the individual parties <br /> <br />for all damages, including punitive damages; and <br /> <br />WHEREAS, the Council of the County of Hawaii finds that the acts alleged in the <br /> <br />complaint, if occurred, were done in good faith and the probability of punitive damages <br /> <br />being adjudged is small; and <br /> <br />WHEREAS, the Council of the County of Hawaii finds that the payment of <br /> <br />punitive damages serves a public purpose because it encourages public service, minimizes <br /> <br />the costs of hiring a cadre of attorneys by the County of Hawaii and assures that a <br /> <br />plaintiff can collect on his judgment, if any; and <br /> <br />WHEREAS, the Council of the County of Hawaii further finds that for this reason, <br /> <br />it is in the public interest to indemnify the individually named defendants in this action <br /> <br />for all damages that may be assessed, including punitive damages, so that the Corporation <br /> <br />Counsel, and his authorized representatives, can represent all the named parties who are <br /> <br />officials and employees of the County of Hawaii; and <br /> <br />WHEREAS, the representation by the Corporation Counsel, and his authorized <br /> <br />representatives, of such individually named parties is not an admission of liability by the <br /> <br />Council of the County of Hawaii. <br /> <br />-2- <br />