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os ; • . COUNTY OF HAWAII =,..�r, :. STATE OF HAWAII RESOLUTION NO. 14 1" (DRAFT 2) A RESOLUTION AUTHORIZING THE EMPLOYMENT OF SPECIAL COUNSEL TO REPRESENT THE NAMED DEFENDANT AND FORMER EMPLOYEE OF THE COUNTY OF HAWAII,IN THE CRIMINAL ACTION STATE OFHAWAI`I VS. JODY BUDDEMEYER, CR. NO. 16-1-331K. WHEREAS, Section 6-5.5, of the Hawai`i County Charter, Special Counsel, provides that the County Council, may approve by two-thirds vote of its entire membership the employment of Special Counsel, for any special matter presenting a real necessity for such employment; and WHEREAS, on October 11, 2016, an Indictment was entered and filed in the Third Circuit Court of the State of Hawai`i against Jody Buddemeyer, a former Hawai`i County Police Officer for a fatal accident that occurred on March 1, 2015; and WHEREAS, the Indictment alleged that former Police Officer Jody Buddemeyer committed the following criminal offenses 1)Negligent Homicide in the First Degree; 2) Tampering with Physical Evidence; and 3) False Reporting to Law Enforcement Authorities; and WHEREAS, Hawai`i Revised Statutes Section 52D-8 provides, in relevant part, that "[w]henever a police officer is prosecuted for a crime or sued in a civil action for acts done in the performance of the officer's duty as a police officer, the police officer shall be represented and defended . . . in criminal proceedings by an attorney to be employed and paid by the county in which the officer is serving..."; and WHEREAS, Hawai`i Revised Statutes Section 52D-9 provides in relevant part that the determination of whether an act for which the police officer is being prosecuted was done in the performance of the police officer's duty so as to entitle him to be represented by counsel provided by the county shall be made by the police commission of the county; and WHEREAS, on March 17, 2017, the Hawaii County Police Commission determined that former Police Officer Jody Buddemeyer was acting within the course and scope of his employment at the time of the fatal accident which occurred on March 1, 2015; and therefore, is entitled to have Counsel provided by the County of Hawai`i,in the pending criminal case; and