HomeMy WebLinkAboutRES 011 Draft 02 2000-2002 COUNTY OF HAWAII STATE OF HAWAII
RESOLUTION NO. 11 01
(DRAFT 2)
RESOLUTION AUTHORIZING THE CORPORATION COUNSEL AND HIS AUTHORIZED
REPRESENTATIVE TO ENTER INTO AN AGREEMENT WITH THE INDNIDUALLY
NAMED DEFENDANTS, PARTIES, WHO ARE OR WERE OFFICIALS AND EMPLOYEES
OF THE COUNTY OF HAWAII, TO REPRESENT IN THE CIVIL ACTION TANNYM.
CAZIMERO V. COUNTY OFHAWA17, ETAL., CIVIL NO. 00-1-0384, AND APPOINT
SPECIAL COUNSEL FOR THEM, INDIVIDUALLY, ARISING FROM THAT CASE.
WHEREAS, the County of Hawaii and Chief of Police Wayne G. Cazvalho, retired, and
Sergeant Hyland Chaz, are being sued in their professional and individual capacity by the
Plaintiff, Tanny M. Cazimero in Civi] No. 00-1-0384; and
WHEREAS, on October 2Q 2000, the Hawaii County Police Commission found that the
Chief of Police Carvalho and Sergeant Chaz, at all times alleged in the complaint, were acting in
the course and scope of the performance of their duty pursuant to Sections 52D-8 and 52D-9,
Hawaii Revised Statutes; and
WHEREAS, the Office of the Disciplinary Counsel of the Supreme Court of the State of
Hawaii, has issued an opinion that representation by one attorney of multiple parties in such
actions is improper unless those parties waive any potential conflict of interest involved or unless
the governmental entity agrees to indemnify all the individual parties for any potential damages,
WHEREAS, after being advised of their respective rights and potential conflict of interest
in the above entitled case, both individually named County employees have respectfully refused
to waive any potential conflict of interest,
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WHEREAS, the Hawaii County Council finds that the appointment and payment of
Special Counsel for the individually named Defendants serves a public purpose because it
encourages public service and reassures all County administrative and supervisory staff that the
County will provide an adequate legal defense in lawsuits by subordinates,
WHEREAS, the Hawaii County Council further finds that for these reasons, that
pursuant to Section 5-2.5, of the Hawaii County Charter (1991, as amended), the Corporation
Counsel and/or his authorized representatives may seek and designate Special Counsel to
represent all the named individual parties who aze officials and employees, or retired officials
and employees of the County of Hawaii; and
WHEREAS, the representation by Special Counsel, of such individually named parties is
not an admission of liability by the Hawaii County Council or the County of Hawaii;
NOW, THEREFORE, BE IT RESOLVED BY THE HAWAII COUNTY COUNCIL,
that the Corporation Counsel, and his authorized representatives, is authorized to enter into an
agreement with the individually named parties, who are or are former officials and employees of
the County of Hawaii, to carry out the purpose of this resolution, to be executed and provided by
law.
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BE IT FURTHER RESOLVED that the Mayor of the County of Hawaii is authorized to
sign the above-noted agreements for Special Counsel on behalf of the County of Hawaii,
pursuant to the Hawaii County Charter.
DATED: Hilo, Hawaii, this 2nd day of January , 2001
INTRODUCED BY:
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COUNCIL MEMBER, CO TY OF HAWAII
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COUNTY COUNCIL ROLL CALL VOTE
County of Hawaii
Hilo, Hawaii AYES NOES ABS EX
ARAKAKI X
I hereby certify that the foregoing RESOLUTION was by the CHUNG X
vote indicated to the right hereof adopted by the COUNCIL of ELARIONOFF X
the County ofHawai`i on December 20, 2000 ~ACOesoN X
LEITHEAD-TODD X
ATTEST: FcstccHlo X
SAFARIK X
TYLER X
YAGONG X
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Reference C-32.3/P-Council
OUNTY CLE CHAIRMAN & PRESIDING OFFICER RESOLUTION NO. 11. ~ 1(DRAFT 2 )