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HomeMy WebLinkAboutRES 205 Draft 01 2000-2002 COUNTY Off` IIAWAI`~ STATE O~ ~IAWAI`I ItESOLU'TION NO. ~~J U~: RESOLUTION AUTHORIZING THE CORPORATION COUNSEL, AND HIS AUTHORIZED REPRESENTATIVES, TO ENTER INTO AN AGREEMENT WITH THE INDIVIDUALLY NAMED PARTIES, WHO ARE EMPLOYEES OF THE COUNTY OF HAWAII, TO REPRESENT THEM IN THE CIVIL ACTION ENTITLED SERGIO AFANASENKO VS. COUNTY OF HAWAII, TONY ENRIQUEZ, DONALD WATSON, ET AL., CIVIL NO. 99-529 WHEREAS, the County of Hawaii, Police Officer Tony Enriquez, and Police Lieutenant Donald Watson are being sued by Sergio Afanasenko, ("Plaintiff') in the case entitled Sergio Afanasenko vs. County of Hawai i, Tony Enriquez, Donald Watson, et al., Civil No. 99-529; and WHEREAS, it appears from the Complaint that Police Officer Tony Enriquez, and Police Lieutenant Donald Watson are being sued in both their official and individual capacities; and WHEREAS, the Hawaii County Police Commission found whatever involvement Police Officer Tony Enriquez, and Police Lieutenant Donald Watson 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, Police Officer Tony Enriquez, and Police Lieutenant Donald Watson in this action for all damages that may be assessed, including punitive damages, so that the Corporation Counsel, and his authorized representatives, can represent all the individually named parties, that is, Police Officer Tony Enriquez, and Police Lieutenant Donald Watson, 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, Police Officer Tony Enriquez, and Police Lieutenant Donald Watson, is not an admission of liability by the Council of the County of Hawaii. -2- NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII, that the Corporation Counsel, and his authorized representatives, are authorized to enter into an agreement with the individually named parties, that is, Police Officer Tony Enriquez, and Police Lieutenant Donald Watson 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 the Mayor of the County of Hawaii is authorized to sign the above-noted agreement on behalf of the County of~Hawai`i pursuant to the Hawaii County Charter. Dated at Hilo, Hawaii, this lst day of May, 2002. INTRODUCED BY: COUNCIL MEMBER, CO Y OF HAWAII s:lit\afanasenkolreso\4-021KAGch.wpd COUNTY COUNCIL ROLL CALL VOTE County of Hawaii Hilo, Hawaii AYES NOES ABS EX ARAKAKI 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 May 1, 2002 JACOBSON X LEITHEAD-TODD ATTEST: PISICCHIO X SAFARIK X TYLER X YAGONG • 8 0 1 0 Reference C - 5 9 6 COUNTY CLERK CHAIRMAN & PRESIDING OFFICER RESOLUTION NO.