HomeMy WebLinkAboutCOM 0293.000 2024-2026 C.Kitno Alameda,Ph.D. •
: `'" �= Diane Nakagawa
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Mayor •:�i��%:. + Director
William V.Brilhante Jr. Malia A.Kekai
Managing Director Deputy Director
County of Hawaii
Finance Department a N
25 Aupuni Street,Suite 2103 • Hilo,Hawaii 96720 121
(808)961-8234 • Fax(808)961-8569
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May 2, 2025o
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dDr. Holeka Goro Inaba, Council Chair and �,, ►F�y.
Members of the Hawaii County Council
Hawai`i County Council
25 Aupuni Street
Hilo, Hawai`i 96720
Re: Resolution Authorizing Indemnification of Current and Former County of Hawai`i
Employees and Payment of Lawsuit Settlement
Enclosed is a resolution authorizing the County to pay the negotiated settlement amount in the
lawsuit Aryn Mitsuo Yoshida et al. v County of Hawai`i et al., Civil No. 3CCV-23-0000038 on
behalf of the County employees and former County employees named as individual defendants
in the lawsuit.
If there are any questions,please do not hesitate to call Lerisa Heroldt of the Office of the
Corporation Counsel at 961-8251.
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Diane Nakagawa
Director of Finance
Enc.
c: Corp Counsel
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Comm. o. ✓
Ref.To:
Hawaii County is an Equal Opportunity Employer and Provider Date MAY _ 8 2025
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Form#: B-52
7/18/91
DEPARTMENT OF FINANCE
REQUEST FOR COUNCIL ACTION
DEPARTMENT: Office of the Corporation Counsel DATE: April 30, 2025
STAFF CONTACT: Lerisa L. Heroldt PHONE: 808-961-8251
A. REQUEST:
The Office of the Corporation Counsel ("OCC") requests the placement of the attached draft resolution on
the Governmental Operations and External Affairs Committee agenda for its meeting on May 20, 2025. The
attached draft resolution made pursuant to Hawaii County Code§ 2-188 (2016) will authorize the County to
pay the negotiated settlement amount in the lawsuit known as Aryn Mitsuo Yoshida et al. v. County of
Hawaii et al., Civil No. 3CCV-23-0000038("Lawsuit")on behalf of the County employees and former County
employees named as individual defendants in the Lawsuit.
B. BACKGROUND AND JUSTIFICATION (USE ADDITIONAL SHEETS AS NEEDED):
The Lawsuit arises from a fatal work injury involving Department of Parks& Recreation ("DPR")Tree
Trimmer Ryan Yoshida, deceased. On January 27, 2021, Mr. Yoshida was trimming coconut trees at Hale
Halawal Park. He was rappelling down a 60-foot tree when the frond he was using to hold his line and
weight gave out and he fell. Mr. Yoshida sustained serious injuries and was transported to Queen's Medical
Center the same day. Mr. Yoshida never recovered from his injuries and was in vegetative state until he
passed away on February 8, 2022.
Mr. Yoshida's Estate, his mother and four(4) adult children commenced the Lawsuit against the County and
six (6) current or former DPR employees in early 2023. On April 16, 2025, the Hawaii County Council
concurred with OCC's recommendations regarding settlement authority and indemnification of the six (6)
current or former DPR employees. Based on the Hawaii County Council's grant of settlement authority to
OCC and approval of County indemnification for the six(6) current or former DPR employees against
damages, the parties reached agreement on monetary settlement terms during mediation on April 21, 2025.
Hawaii County Code§2-188 requires the Council adopt a resolution making specific findings in order for the
County to indemnify employees and former employees against damages assessed in lawsuits naming them
as individual defendants which arise out of the course and scope of the employees' and/or former
employees' County employment. The attached resolution meets the objective and requirements of Hawaii
County Code§2-188, and its adoption is required to effectuate the settlement of the Lawsuit.
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SIGNED: •
DATE: r! yS
D artment Head