RES 347 Draft 01 2008-2010 - Laserfiche WebLink

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'MVV OS COUNTY OF HAWAII !%• STATE OF HAWAII ♦ 1W:1;;- � O %• M� - RESOLUTION NO. 347 10 RESOLUTION AUTHORIZING THE CORPORATION COUNSEL, AND HIS AUTHORIZED REPRESENTATIVES, TO ENTER INTO AN AGREEMENT WITH THE INDIVIDUALLY NAMED PARTY, AN EMPLOYEE OF THE COUNTY OF HAWAII, TO REPRESENT HIM IN THE CIVIL ACTION ENTITLED JOSEPHRIVERA v. STATE OF HAWAII DEPARTMENT OF TRANSPORTATION, et al., CIVIL NO. 10 -1- 0482 -03 GWBC WHEREAS, Hiram Keliikoa (hereinafter referred to as "Keliikoa ") is being sued in the case entitled Joseph Rivera v. State ofHawai `i Department of Transportation, et al., Civil No. 10 -1- 0482 -03 GWBC; and WHEREAS, Keliikoa is being sued in his individual capacity; and WHEREAS, the Office of the Disciplinary Counsel of the Supreme Court of the State of Hawai`i 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 Hawai`i 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 Hawai`i 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 Hawai`i and Keliikoa, 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, Keliikoa, 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, Keliikoa, an employee of the County of Hawai`i; and WHEREAS, the representation by the Corporation Counsel, and his authorized representatives, of such individually named party, that is, Keliikoa, is not an admission of liability by the Council of the County of Hawai`i.