HomeMy WebLinkAboutRES 172 Draft 01 2000-2002 COtJ11~tITY O~ ~I~?.~I.I~ T~T~ OF I~A~AI`I
SOLU'I°IOl~ I®10.
RESOLUTION AUTHORIZING THE CORPORATION COUNSEL, AND HIS AUTHORIZED
REPRESENTATIVES, TO ENTER IIvTTO AGREEMENTS WITH THE INDIVIDUALLY
NAMED DEFENDANTS, WHO ~A.RE E~~IPLOYEES OF THE COUNTY OF HA~~~AI`I, TO
REPRESENT THEM IN THE CIVIL ACTION ENTITLED NANCYMAKANUI VS. JUERGEN
L. CANDA, ET AL., CIVIL NO. Ol -1-0094 AND NANCY MAKANUI VS. JUERGEN L. CANDA,
ET AL., CIVIL NO. Ol -00204 ACK/KSC
WHEREAS, Juergen L. Canda and Ronald Paul are being sued by Nancy Makanui in the
Circuit Court of the Third Circuit, State of Hawaii, in Civil No. 01-1-0094; and in the United
States District Court for the District of Hawaii in Civil No. 01-00204 ACK/KSC; and
WHEREAS, the Hawaii County Police Commission has determined that the concerned
police officers, i.e., Officer Juergen L. Canda and Sgt. Ronald Paul, were acting in the
performance of their duty when the alleged acts referred in the complaint occurred; and
WHEREAS, the Office of the Disciplinary Counsel of the Supreme Court of the State of
Hawaii has rendered the opinion that representation by one attorney of multiple parties in such
an action is improper unless those parties waive the potential conflicts involved or unless the
government entity agrees to indemnify all the individual parties for all damages, including
punitive damages; and
WHEREAS, the Council of the County of Hawaii finds that the acts alleged in the
complaint, if they occurred, were done in good faith, without actual malice, to serve the County
of Hawaii and in the apparent best interests of the County of Hawaii; and
WHEREAS, the Council of the County of Hawaii finds that the payment of punitive
damages, if awarded in this case, would be in the best interests of the County of Hawaii; and
WHEREAS, the Council of the County of Hawaii further finds that it is in the public
interest to indemnify the individually named defendants in this action for all damages that may
be assessed, including punitive damages, so that the Corporation Counsel, and his authorized
representatives, may represent them; and
WHEREAS, the representation by the Corporation Counsel, and his authorized
representatives, of the individually named defendants is not an admission of any liability by th;.
Council of the County of Hawaii.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF
HAWAII, that the Corporation Counsel, and his authorized representatives, is authorized to
enter into agreements with the individually named defendants, who are employees of the County
of Hawaii, to carry out the purpose of this resolution, to be executed and provided by law.
BE IT FURTHER RESOLVED that the Mayor of the County of Hawaii is authorized to
sign the above-noted agreements on behalf of the County of Hawaii pursuant to the Hawaii
County Charter, as amended, and I-Iawai`i County Code §2-188, as amended.
Dated: Hilo ,Hawaii, this2lst day of February , 2002.
INTRODUCED BY:
COUNCIL MEMBER, CO TY OF HAWAII
S:\Litigation Cases\Makanui vs. Canda CVO-1-00204ACK-KSC1Resolution-C'ouncil.wpd
COUNTY COUNCIL ROLL CALL VOTE
County of Hawaii
I~Iilo, Ilawai`i 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 of Hawaii on February 21 ~ 2 0 0 2 JACOBSON X
ATTEST: LEITHEAD-TODD X
PISICCHIO
SAFARIK X
TYLER R
YAGONG
7 1 1 0
Reference C - 510 / FC
COUNTY CLERK CHAIRMAN & PRESIDING OFFICER RESOLUTION NO. ` s~