RES 217 Draft 01 2024-2026 - Laserfiche WebLink

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COUNTY OF HAWAF1 RESOLUTION NO. STATE OF HAWAM 21: 25 A RESOLUTION AUTHORIZING INDEMNIFICATION OF FORMER EMPLOYEES OF THE COUNTY WHO ARE NAMED AS INDIVIDUAL DEFENDANTS IN THE LAWSUIT KNOWN AS JOSEPHINE T. W. BISHOP, ET AL. V. COUNTY OFHAWAPI ET AL. AGAINST ALL DAMAGES ASSESSED THEREIN AND MAKING OTHER FINDINGS IN ACCORDANCE WITH SECTION 2-188 OF THE HAWAPI COUNTY CODE. WHEREAS, on April 6, 2023, Plaintiffs JOSEPHINE T. W. BISHOP and NELSON HINANO KAHELE (hereinafter "Plaintiffs") commenced a civil action against Defendants COUNTY OF HAWAI`I (hereinafter "the County"), JUSTIN GASPAR (hereinafter "Gaspar"), and CHAD TANIYAMA (hereinafter "Taniyama" ), known as Josephine T. W. Bishop, et al. v. County of Hawai `i, et al., Civil No. 3CCV-23-0000134 (hereinafter "the Lawsuit"); and WHEREAS, Gaspar and Taniyama, both of whom were formerly employed by the Hawaii County Police Department, are named in their individual capacities as Defendants in the Lawsuit (collectively hereinafter "the Individual Defendants"); and WHEREAS, on April 6, 2023, Plaintiffs filed the Complaint for Damages in the Lawsuit, attached hereto as Exhibit A (hereinafter "the Complaint"), alleging, among other things, claims against the County and the Individual Defendants for wrongful death, negligence and assault and battery; and WHEREAS, on or around April 21, 2023, the County's Police Commission, in accordance with the Hawaii Revised Statutes, Sections 52D-8 and 52D-9, determined that the Individual Defendants were acting in the performance of their duties as police officers when the allegations contained in the Complaint allegedly occurred; and WHEREAS, Section 2-188(a) of the Hawaii County Code (hereinafter "the Code") requires the adoption of a resolution by the Council in order to effectuate the joint defense of the County and the Individual Defendants in the Lawsuit, including but not limited to the payment of all claims, whether by settlement or judgment; and WHEREAS, representation of the Individual Defendants by the Corporation Counsel and her authorized representatives is not an admission of liability; now, therefore, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAI`I that, -in accordance with Section 2-188(a) of the Code, this body finds that: 1. Any acts or failures to act by the Individual Defendants, as alleged in the Complaint, were done within the course and scope of the Individual Defendants' employment as employees of the County;