Laserfiche WebLink
MSY or y <br />~yla~. <br />COUNTY OF HAWAII •~~ '• STATE OF HAWAII <br />;~';~~: <br />r O~~M• <br />RESOLUTION NO. g'~7 ~~ <br />RESOLUTION AUTHORIZING THE CORPORATION COUNSEL, AND HIS <br />AUTHORIZED REPRESENTATIVES, TO ENTER INTO AN AGREEMENT WITH THE <br />INDIVIDUALLY NAMED PARTY, WHO WAS A FORMER EMPLOYEE OF THE <br />COUNTY OF HAWAII, TO REPRESENT HIM IN THE CIVIL ACTION ENTITLED <br />GEORGEK YOUNG, JR. v. STATE OFHAWAI`I, et al., CIVIL NO. CV08-00540 DAE/KSC <br />WHEREAS, Lawrence Mahuna (hereinafter referred to as "Mahuna") is being sued in the <br />case entitled George K Young, Jr. v. State ofHawai `i, et al., Civil No. CV08-00540 DAE/KSC; <br />and <br />WHEREAS, Mahuna is being sued in his individual capacity; and <br />WHEREAS, on April 17, 2009, the Hawaii County Police Commission found whatever <br />involvement Mahuna might have had in this matter was also done in the performance of his duty <br />as apolice officer, that is, as the former Chief of Police, pursuant to Sections 52D-8 and 52D-9, <br />Hawaii 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 Mahuna, and assures that a plaintiff can <br />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, Mahuna, in this <br />action for all damages that maybe assessed, including punitive damages, so that the Corporation <br />Counsel, and his authorized representatives, can represent the individually named party, that is, <br />Mahuna, who was a former employee of the County of Hawaii; and <br />