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HomeMy WebLinkAboutRES 184 Draft 01 2000-2002 COTJl~TT'Y HAWs~~ S~AT~ O~ I~~W~.I`I S®I~iJTIOleT 1®10. ~ RESOLUTION AUTHORIZING THE CORPORATION COUNSEL, AND HIS AUTHORIZED REPRESENTATIVES, TO ENTER INTO AN AGREEMENT WITH THE INDIVIDUALLY NAMED PARTIES, WHO ARE OFFICIALS AND EMPLOYEES OF THE COUNTY OF HAWAII, TO REPRESENT THEM IN THE CIVIL ACTION ENTITLED PATRICK LEO KAIIA yVAIOLA 'A, ET AL. VS. UNITED ST~4 TES OF AMERICA, ET AL., CIVIL NO. Ol -00773 SPK/LEK WHEREAS, the County of Hawaii, Mayor Harry Kim, Prosecutor Jay Kimura, Deputy Prosecuting Attorney Mitchell D. Roth, Deputy Prosecuting Attorney Michael Udovic, Deputy Prosecuting Attorney B. Taniyama (Kimberly Taniyama), Police Chief James A. Correa and Police Officer Richard Sherlock are being sued by Patrick Le'o Kahawaiola'a, Harold Uhana Jim, Norman Ka'uhane Macomber, Sr., Samson Lehua'lani Brown, and Richard Likeke Kela, Sr., ("Plaintiffs") in Civil No. 01-00773 SPK/LEK; and WHEREAS, only Prosecutor Jay Kimura, Deputy Prosecuting Attorney Mitchell D. Roth, Deputy Prosecuting Attorney Michael Udovic, and Deputy Prosecuting Attorney B. Taniyama (Kimberly Taniyama) are being sued in both their official and individual capacities; and WHEREAS, the Council of the County of Hawaii finds that whatever involvement Prosecutor Jay Kimura, Deputy Prosecuting Attorney Mitchell D. Roth, Deputy Prosecuting Attorney Michael Udovic, and Deputy Prosecuting Attorney B. Taniyama (Kimberly Taniyama) might have had in this matter were also done in the course and scope of their employment; 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 actions is improper unless those parties waive the potential conflicts involved or unless the governmental 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 occurred, were done in good faith and the probability of punitive damages being adjudged is small; and WHEREAS, the Council of the County of Hawaii finds that the payment of punitive damages serves a public purpose because it encourages public service, minimizes the costs of hiring a cadre of attorneys for the County of Hawaii and assures that a plaintiff can collect on his judgment, if any; and WHEREAS, the Council of the County of Hawaii further finds that for this reason, it is in the public interest to indemnify the individually named defendants, that is, Prosecutor Jay Kimura, Deputy Prosecuting Attorney Mitchell D. Roth, Deputy Prosecuting Attorney Michael Udovic, and Deputy Prosecuting Attorney B. Taniyama (Kimberly Taniyama), in this action for all damages that may be assessed, including punitive damages, so that the Corporation Counsel, and his authorized representatives, -2- can represent all the individually named parties, that is, Prosecutor Jay Kimura, Deputy Prosecuting Attorney Mitchell D. Roth, Deputy Prosecuting Attorney Michael Udovic, and Deputy Prosecuting Attorney B. Taniyama (Kimberly Taniyama), who are officials and employees of the County of Hawaii; and WHEREAS, the representation by the Corporation Counsel, and his authorized representatives, of such individually named parties, that is, Prosecutor Jay Kimura, Deputy Prosecuting Attorney Mitchell D. Roth, Deputy Prosecuting Attorney Michael Udovic, and Deputy Prosecuting Attorney B. Taniyama (Kimberly Taniyama), is not an admission of liability by the 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 an agreement with the individually named parties, that is, Prosecutor Jay Kimura, Deputy Prosecuting Attorney Mitchell D. Roth, Deputy Prosecuting Attorney Michael Udovic, and Deputy Prosecuting Attorney B. Taniyama (Kimberly Taniyama), who are officials and 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 Managing Director or other authorized representative of the Mayor of the County of Hawaii is authorized to sign the above- -3- noted agreement on behalf of the County of Hawaii pursuant to the Hawaii County Charter. Dated: Kona , I-Iawai` i, this 20th day of March , 2002. INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAII s: reso\kahawaiolaa\2 -2 8 \JKKch. wpd COUNTY COUNCIL ROLL CALL VOTE County of Ilawai`i I-Iilo, Hawaii AYES NOES ABS EX ARAKAKI X I hereby certify that the foregoing RESOLUTION vas by the CHUNG vote i:~dicated to the right hereof adc,Pted by the COUNCIL of ELARIONOFF X the County of Hawaii on 20, 2002 JACOBSON X ATTEST: LEITHEAD-TODD X PISICCHIO X SAFARIK TYLER X YAGONG X ' 9 0 0 0 Reference C- 551 /Waiv~i-~C ~ COU"•;TY CLERK CHAIRMAItiT & PRESIDING OFFICER RESOLUTION NO.