HomeMy WebLinkAboutRES 266 Draft 01 2024-2026A RESOLUTION AUTHORIZING INDEMNIFICATION OF A FORMER EMPLOYEE OF THE COUNTY WHO IS NAMED AS AN INDIVIDUAL DEFENDANT IN THE LAWSUIT KNOWN AS DAVID J. FREEDMAN 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 June 7, 2023, Plaintiff DAVID J. FREEDMAN (hereinafter “Plaintiff”) commenced a civil action against the COUNTY OF HAWAI‘I (hereinafter “the County”) known as David J. Freeman
v. County of Hawai‘i, Civil No. 3CCV-23-0000218 (hereinafter “the Lawsuit”); and
WHEREAS, on or around October 7, 2024, Plaintiff filed his First Amended Complaint in the Lawsuit, attached hereto as Exhibit A (hereinafter “the Complaint”), naming former Director
of the County’s Department of Research and Development DOUGLASS S. ADAMS in his individual capacity as a Defendant in the Lawsuit (“Adams”), and alleging claims against the County and
Adams for employment discrimination, emotional distress and negligent supervision; 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 Adams in the Lawsuit, including but not limited to the payment of all claims, whether by settlement or judgment; and
WHEREAS, representation of Adams 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 Adams, as alleged in the Complaint, was done within the course and scope of Adams’ employment as an employee of the County;
2. Any acts or failures to act by Adams, 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 Adams 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 Adams.
BE IT FURTHER RESOLVED that, pursuant to the findings hereinabove made, the County is authorized to indemnify, defend, and represent Adams 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:
_______________________________________
COUNCIL MEMBER, COUNTY OF HAWAI‘I