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COUNTY OF HAWAII STATE OF HAWAII RESOLUTioIV Ivo. 19? ~9 RESOLUTION AUTHORIZING THE CORPORATION COUNSEL, AND HIS AUTHORIZED REPRESENTATIVES, TO ENTER INTO AN AGREEMENT WITH THE INDIVIDUALLY NAMED PARTY, WHO WAS A FORMER EMPLOYEE OF THE COUNTY OF HAWAII, TO REPRESENT HIM IN THE CIVIL ACTION ENTITLED GEORGE K YOUNG, JR. v. STATE OF HAYVAI`I, et al., CIVIL NO. CV08-00540 DAE/KSC WHEREAS, Lawrence Mahuna (hereinafter referred to as "Mahuna") is being sued in the case entitled George K Young, Jr. v. State of Hawai `i, et al., Civil No. CV08-00540 DAE/KSC; and WHEREAS, Mahuna is being sued in his individual capacity; and WHEREAS, on April 17, 2009, the Hawaii County Police Commission found whatever involvement Mahuna might have had in this matter was also done in the performance of his duty as a police officer, that is, as the former Chief of Police, pursuant to Sections 52D-8 and 52D-9, Hawaii Revised Statutes, as amended; 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 adjusted 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 for the County of Hawaii and Mahuna, and assures that a plaintiff can collect on his or her 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 defendant, that is, Mahuna, in this action for all damages that may be assessed, including punitive damages, so that the Corporation Counsel, and his authorized representatives, can represent the individually named party, that is, Mahuna, who was a former employee of the County of Hawaii; and