HomeMy WebLinkAboutRES 011 Draft 01 2000-2002 COUNTY OF HAWAII STATE OF HAWAII
RESOLUTION NO. ~3 ~1
RESOLUTION AUTHORIZING THE CORPORATION COUNSEL AND HIS AUTHORIZED
REPRESENTATIVE TO ENTER INTO AN AGREEMENT W[TH THE INDIVIDUALLY
NAMED DEFENDANTS, PARTIES, WHO ARE OR WERE OFFICIALS AND EMPLOYEES
OF THE COUNTY OF HAWAII, TO REPRESENT IN THE CIVIL ACTION TANN}'M
CAZL~WERO Y" COG'NTY OF HAWAII, ET AL ,CIVIL N'O 00-1-0384. AND APPOINT
SPECIAL COUNSEL FOR THEM, INDIVIDLALI_Y, ARISING FROM THAT CASK
WHEREAS, the County of Hawaii and Chief of Police Wavne G Carvalho, reared, and
Sergeant Hyland Char, are being sued m then professional and individual capacity by the
Plaintiff, Tanny M Cazimero m Civil No 00-1-038, and
WHEREAS, on October 20, 2000, [he Hawaii County Police Commission found that the
Chief of Police Carvalho and Sergeant Char, at all Mmes alleged m the complaint, were acting m
the course and scope of the perforniance of their duty pursuant to Sections 52D-8 and 52D-9,
Hawaii Revised Statutes, and
WHEREAS, the Hawaii County Council concurs with the finding ofthe Hawaii County
Police Commission and further finds that whatever im•ohement Chief of Police Carvalho and
Sergeant Char might have had m the above entitled lawswt, were also done m the scope of their
employment, and
~~1-IEREAS, the Office of the Disciplinary Counsel of the Supreme Court of the State of
Hawatl, has issued an opinion that representation by one attorney of multiple parties m such
actions is improper unless those parties waive any potential conflict of interest involved or unless
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the governmental entity agrees to mdemmfy all the mdtvtdual pames for any potential damages,
~'V'I-IEREAS, aRer being advised of their respective tights and potential conFlict of interest
m the above entitled case, both mdtvtdually named County employees have respectfully refused
to waive any potential conflict of interest,
V?HEREAS, the Hawat`t County Council finds that the appointment and payment of
Special Counsel for the mdiv•tdually named Defendants serves a public purpose because rt
encourages pubhc serv•tce and reassures all County admtmstrative and supervisory staff that the
County will provide an adequate legal defense m law•sutts by subordinates,
V6'HEREAS, the Hawat't County Council further finds that for these reasons, th.tt
pursuant to Section 5-2 5, of the Hawau County Charter 991, as amended), the Corporation
Counsel and'or tits authonzed representatives may seek and designate Special Counsel to
represent all the named individual parties who are offictals and employees, or retired offictals
and employees of the County of Hawaii, and
Vb'I-IEREAS, the representation by Special Counsel, of such mdw~dually named parties is
not an admission of habthty by the Hawat't County Council or the County of Hawat't,
NOW, THEREFORE, BE IT RESOLVED BY THE HA~~'AI`I COUNTY COLNCIL,
that the Corporation Counsel, and tits authonzed representatives, is authonzed to enter into an
agreement with the individually named parties, who are or are former offictals and employees of
the County of Hawat`t, to cam out the purpose of this resolution, [o be executed and provided by
lava
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BE IT FURTHER RESOLVED that the Ma}•or of the County of Hawat`I is authonzed [o
stgn the above-noted agreements for Special Counsel on behalf of the County of Haw•al'I,
pursuant to the Hawal`I County Charter
DATED Hilo, Hawafl, this _ day of , 2000
INTRODUCED BY
ti ~ C ~
COUNCIL MEMBER, CO TY OF HAWAII
COUNTY COLR~ICIL ROLL GALL VOTE
County of Hawat i
Hilo, Hawaii AYES NOES 4BS EX
aR4K4Kl
I hereby certify [hat the foregoing RESOLCTION was by [he cttt,TG
vote indicated to [he nght hereof adopted by the COUNCIL of ELAR~ONOFF
the County of Hawaii on lacoasoN
LEITHEaD-TODD
ATTEST
PISICCHIO
SAFARIK
TYLER
tiaGO~G
Reference C-32
COUNTY CLERK CHAIRMAN & PRESIDING OFFICER RESOLl~TIO\ \O ~3 ~~1