HomeMy WebLinkAboutRES 183 Draft 01 2024-2026 �;NSY OF
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COUNTY OF HAWAI`I •_ �'''° ' �:.` STATE OF HAWAI`I
TE OF•MF'�-�
RESOLUTION NO. 183 25
RESOLUTION AUTHORIZING INDEMNIFICATION OF CURRENT AND
FORMER COUNTY EMPLOYEES NAMED AS INDIVIDUAL DEFENDANTS IN
THE LAWSUIT KNOWN AS ARYN MITSUO YOSHIDA, ET AL. V. COUNTY OF
HAWAIIETAL., CIVIL NO. 3CCV-23-0000038 AGAINST ALL DAMAGES
ASSESSED
WHEREAS,the COUNTY OF HAWAI`I ("County"), former Director of the County's
Department of Parks and Recreation("DPR")MAURICE MESSINA, former DPR Deputy
Director MICHELLE HIRAISHI, DPR Park Maintenance Manager JASON MATTOS, former
DPR Tree Trimming Crew Supervisor THOMAS MATTOS,DPR Tree Trimming Crew
Supervisor DAREN SAKODA and DPR Tree Trimmer JAMES AH SING have been sued by
ARYN MITSUO YOSHIDA, individually and as Personal Representative of the Estate of Ryan
Tsugio Yoshida,KAYCIE SUMIE YOSHIDA, SPENCER ITSURO YOSHIDA, CODY MIKIO
YOSHIDA and CHERYL ITSUKO YOSHIDA in Aryn Mitsuo Yoshida, individually and as
Personal Representative of the Estate of Ryan Tsugio Yoshida et al. v. County of Hawai`i et al.,
Civil No. 3CCV-23-0000038 ("Lawsuit"); and
WHEREAS,Maurice Messina, Michelle Hiraishi, Jason Mattos, Thomas Mattos, Daren
Sakoda and James Ah Sing ("Individually Named Defendants") are named as individual
defendants in the Lawsuit; and
WHEREAS,the Hawai`i County Council finds that the acts or omissions of the
Individually Named Defendants alleged in Second Amended Complaint, filed in the Lawsuit by
ARYN MITSUO YOSHIDA, individually and as Personal Representative of the Estate of Ryan
Tsugio Yoshida,KAYCIE SUMIE YOSHIDA, SPENCER ITSURO YOSHIDA, CODY MIKIO
YOSHIDA and CHERYL ITSUKO YOSHIDA(collectively "Plaintiffs") on October 14, 2023
("Complaint"),were done within the course and scope of the Individually Named Defendants'
employment as employees of the County; and
WHEREAS,the Hawai`i County Council finds that at the time of the Complaint's
alleged acts giving rise to the liability,the Individually Named Defendants' actions or failures to
act were in good faith, without actual malice,to serve the County and in the apparent best
interests of the County; and
WHEREAS,the Hawai`i County Council finds payment of Plaintiffs' claims would be
in the best interests of the County; and
WHEREAS,the Hawai`i County Council further finds that it is in the public interest to
indemnify the Individually Named Defendants in the Lawsuit for all damages that may be
assessed in the Lawsuit, including punitive damages, so that the Corporation Counsel, and her
authorized representatives,may represent the Individually Named Defendants; and
WHEREAS,the representation by the Corporation Counsel, and her authorized
representatives, of the Individually Named Defendants is not an admission of liability by the
Hawai`i County Council;now,therefore,
BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAI`I,that the
County is authorized to indemnify the Individually Named Defendants, who are, or who have
been, employees of the County, against all damages assessed in the Lawsuit.
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BE IT FINALLY RESOLVED that the County Clerk shall transmit copies of this
resolution to the Office of the Corporation Counsel and Director of Finance,that that the
Director of Finance is hereby authorized to indemnify the Individually Named Defendants
against damages assessed in the Lawsuit in accordance with the terms of this resolution.
Dated at Hilo , Hawai`i, this 4th day of June , 20 25.
INTRODUCED Y:
COUNCIL M '4BER,COUNTY OF HAWAI`I
COUNTY COUNCIL ROLL CALL VOTE
County of Hawai`i AYES NOES ABS EX
Hilo, Hawai`i GALIMBA X
HUSTACE X
I hereby certify that the foregoing RESOLUTION was by INABA X
the vote indicated to the right hereof adopted by the COUNCIL of the KAGIWADA X
County of Hawaii on June 4 2025
KANEALI`I-KLEINFELDER X
KIERKIEWICZ X
ATTEST: KIMBALL X
ONISHI X
VILLEGAS X
8 0 1 0
Reference: C-293/FC-53
Y CLERK HAIRPERSON&PRESIDING OFFICER RESOLUTION NO. 183 25
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