HomeMy WebLinkAboutRES 217 Draft 01 2024-2026A 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 OF
HAWAI‘I ET AL. AGAINST ALL DAMAGES ASSESSED THEREIN AND MAKING OTHER FINDINGS IN ACCORDANCE WITH SECTION 2-188 OF THE HAWAI‘I 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 Hawai‘i 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 Hawaiʻi 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 Hawai‘i 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;
2. Any acts or failures to act by the Individual Defendants, as alleged in the Complaint, were done in good faith, without actual malice, to serve the County, and in the apparent best
interests of the County;
3. Payment of the claims or judgment of the Lawsuit would be in the best interests of the County; and
4. It is in the public interest to indemnify the Individual Defendants 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 Individual Defendants.
BE IT FURTHER RESOLVED that, pursuant to the findings hereinabove made, the County is authorized to indemnify, defend, and represent the Individual Defendants against all damages assessed
in the Lawsuit, including but not limited to the payment of all claims, whether by settlement or judgment.
BE IT FINALLY RESOLVED that the County Clerk shall transmit copies of this resolution to Renee N. C. Schoen, Corporation Counsel, and Diane T. Nakagawa, Director of Finance.
Dated at _____________, Hawai‘i, this ______ day of ___________________, 20___.
INTRODUCED BY:
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COUNCIL MEMBER, COUNTY OF HAWAI‘I