HomeMy WebLinkAboutRES 719 Draft 01 2024-2026A RESOLUTION AUTHORIZING INDEMNIFICATION OF FORMER EMPLOYEES OF THE COUNTY AND THEIR SUCCESSOR ESTATES WHO ARE NAMED AS INDIVIDUAL DEFENDANTS IN THE LAWSUIT KNOWN AS ELIZABETH STABO
V. KAZUO TODD, 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 September 1, 2023, Plaintiff ELIZABETH STABO (hereinafter “Plaintiff”) commenced a civil action against Defendants KAZUO TODD (hereinafter “Todd”) and ERIC MOLLER (hereinafter
“Moller”), known as Elizabeth Stabo v. Kazuo Todd, et al., Civil No. 3CCV-23-0000326 (hereinafter “the Lawsuit”); and
WHEREAS, Todd and Moller, both of whom were formerly employed by the Hawai‘i Fire Department, are named in their individual capacities as Defendants in the Lawsuit (collectively hereinafter
“the Individual Defendants”); and
WHEREAS, on October 25, 2024, Plaintiff filed the Second Amended Complaint in the Lawsuit, attached hereto as Exhibit A (hereinafter “the Complaint”), alleging, among other things, claims
against the County and the Individual Defendants for misconduct; and
WHEREAS, on December 14, 2025, KAZUO TODD passed away, and notwithstanding his death, the Lawsuit will be continued against his estate; 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 defense of 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 and their successor estates 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 and their successor estates.
BE IT FURTHER RESOLVED that, pursuant to the findings hereinabove made, the County is authorized to indemnify, defend, and represent the Individual Defendants and their successor estates
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 a copy 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:
_______________________________________
JENNIFER KAGIWADA
Council Member
BY REQUEST OF THE:
Corporation Counsel