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COUNTY OF HAWAII <br />RESOLUTION NO. <br />STATE OF HAWAII <br />6~ ®9 <br />RESOLUTION AUTHORIZING THE CORPORATION COUNSEL, AND HIS <br />AUTHORIZED REPRESENTATIVES, TO ENTER INTO AN AGREEMENT WITH THE <br />INDIVIDUALLY NAMED PARTY, WHO IS AN EMPLOYEE OF THE COUNTY OF <br />HAWAII, TO REPRESENT HIM IN THE CIVIL ACTION ENTITLED GLENNSCHMEDES <br />vs. KELLYMONIZ, ETAL., CIVIL NO. CV08-00331 DAE/LEK <br />WHEREAS, Kelly Moniz (hereinafter referred to as "Officer Moniz") is being sued in <br />the case entitled Glenn Schmedes vs. Kelly Moniz, et al., Civil No. CV08-00331; and <br />WHEREAS, Officer Moniz is being sued in his individual capacity; and <br />WHEREAS, on November 20, 2008, the Hawaii County Police Commission found <br />whatever involvement Officer Moniz might have had in this matter was also done in the <br />performance of his duty as a police officer, pursuant to Sections 52D-8 and 52D-9, Hawaii <br />Revised Statutes, as amended; and <br />WHEREAS, the Office of the Disciplinary Counsel of the Supreme Court of the State of <br />Hawaii has rendered the opinion that representation by one attorney of multiple parties in such <br />actions is improper unless those parties waive the potential conflicts involved or unless the <br />governmental entity agrees to indemnify all the individual parties for all damages, including <br />punitive damages; and <br />WHEREAS, the Council of the County of Hawaii finds that the acts alleged in the <br />Complaint, if occurred, were done in good faith and the probability of punitive damages being <br />adjusted is small; and <br />WHEREAS, the Council of the County of Hawaii finds that the payment of punitive <br />damages serves a public purpose because it encourages public service, minimizes the costs of <br />hiring a cadre of attorneys for the County of Hawaii and Officer Moniz, and assures that a <br />plaintiff can collect on his or her judgment, if any; and <br />WHEREAS, the Council of the County of Hawaii further finds that for this reason, it is <br />in the public interest to indemnify the individually named defendant, that is, Officer Moniz, in <br />this action for all damages that may be assessed, including punitive damages, so that the <br />Corporation Counsel, and his authorized representatives, can represent the individually named <br />party, that is, Officer Moniz, who is an employee of the County of Hawaii; and <br />