RES 039 Draft 01 2018-2020 - Laserfiche WebLink

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WHEREAS, on March 17, 2017, the Hawai`i 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 Hawaii,in the pending criminal case; and WHEREAS, the Office of the Corporation Counsel is precluded from representing individuals in criminal matters and therefore, special counsel must be retained; and WHEREAS, on May 3, 2017, the County Council approved the hiring of Special Counsel for the purpose of providing legal services to Jody Buddemeyer in CR. No. 16-1-331K for a sum not to exceed $50,000.00; and WHEREAS, pursuant to the Hawai`i Procurement Code, Section 103D-304, Hawai`i Revised Statues, as amended, the Office of the Corporation Counsel caused to be published a Notice to Providers of Legal Professional Services, and received timely responses; and WHEREAS, the Law Offices of Brian J. De Lima was one of the providers who responded to the Office of the Corporation Counsel's request; and WHEREAS,pursuant to the Hawai`i Procurement Code, a committee of three was formed to review and rate all qualified providers of criminal defense; and WHEREAS, the Law Offices of Brian J. De Lima was selected by the committee as the provider who could best serve Jody Buddemeyer, based on their experience and professional qualifications,past performance on similar criminal defense work, capacity to accomplish the work in the required time, the non-existence of any possible conflicts of interest, and their projected fair and reasonable fees and costs at the rate of$150.00 per hour for any and all legal professional services and the paralegal time fees at the rate of$75.00 per hour; and WHEREAS, the Law Office of Brian J. De Lima was contacted, and agreed on June 15, 2017, to perform said services for Jody Buddemeyer consistent with the terms and conditions of the May 3, 2017 resolution that authorized the hiring of Special Counsel; and WHEREAS,prior to September 27, 2018, a proposed settlement of the alleged criminal offenses was rejected by the Prosecutor; and WHEREAS, on or about October 12, 2018, a jury acquitted Jody Buddemeyer of the Tampering with Evidence and False Reporting charges, but found him guilty of the lesser included offense of Negligent Homicide III, a misdemeanor; and 2