HomeMy WebLinkAboutRES 183 Draft 01 2024-2026
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 HAWAI‘I
ET AL., 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.
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 _____________, Hawai‘i, this ______ day of __________________, 20___.
INTRODUCED BY:
_______________________________________
COUNCIL MEMBER, COUNTY OF HAWAI‘I
COUNTY COUNCIL
County of Hawai‘i
Hilo, Hawai‘i
ROLL CALL VOTE
AYES
NOES
ABS
EX
GALIMBA
HUSTACE
I hereby certify that the foregoing RESOLUTION was by
the vote indicated to the right hereof adopted by the COUNCIL of the
County of Hawai‘i on _____________________________________.
INABA
KAGIWADA
KĀNEALI‘I-KLEINFELDER
KIERKIEWICZ
ATTEST:
KIMBALL
ONISHI
VILLEGAS
Reference:
COUNTY CLERK CHAIRPERSON & PRESIDING OFFICER
RESOLUTION NO.