HomeMy WebLinkAboutRES 221 Draft 01 2000-2002 C OITl~`T~' OF HAW i ° I ' . STATE OF ~AWAI `I
IZ~SOLUT°I01o11010. O~
RESOLUTION AUTHORIZING THE CORPORATION COUNSEL, AND HIS
AUTHORIZED REPRESENTATIVES, TO ENTER INTO AN AGREEMENT WITH
THE INDIVIDUALLY NAMED PARTY, WHO IS AN EMPLOYEE OF THE
COUNTY OF HAWAII, TO REPRESENT HIM IN THE CIVIL ACTION ENTITLED
OLIVIA VAZQUEZ, ET AL. VS JOIIN WEBER, ET AL., CIVIL NO. 02-00069DAE/LEK
WHEREAS, the County of Hawaii and Police Officer John Weber are being sued
in the case entitled Olivia Vazquez, et al. vs. John Weber, et al., Civil No. 0~-00069
DAE/LEK; and
WHEREAS, it appears from the Complaint that Police Officer John Weber is
being sued in both his official and individual capacities; and
WHEREAS, the Hawaii County Police Commission found whatever involvement
Police Officer John Weber might have had in this matter was also done in the course and
scope of his 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 John Weber, and
assures that a plaintiff can collect on his or her 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 defendant, that is,
Police Officer John Weber, in this action for all damages that may be assessed, including
punitive damages, so that the Corporation Counsel, and his authorized representatives,
can represent the individually named party, that is, Police Officer John Weber, who is an
employee of the County of Hawaii; and
WHEREAS, the representation by the Corporation Counsel, and his authorized
representatives, of such individually named party, that is, Police Off cer John Weber, 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, are authorized to enter into an agreement with the individually named
party, that is, Police Officer John Weber, who is an employee of the County of Hawaii,
to carry out the purpose of this resolution, to be executed and provided by law.
-2-
BE IT FURTHER RESOLVED that the Mayor of the County of Hawaii is
authorized to sign the above-noted agreement on behalf of the County of Hawaii
pursuant to the Hawaii County Charter.
Dated: Kona, Hawaii June 19, 2002
INTRODUCED BY:
COUNCIL MEMBER, COUNTY F HAWAII
s ait\vazquez\reso\6-6\JKKch. wpd
COUNTY COUNCIL ROLL CALL VOTE
County of Hawaii AYES NOES ABS EX
Hilo, Hawaii -
ARAKAK[ X
I hereby certify that the foregoing RESOLUTION was by the CHL7NG ~ X
vote indicated to the right hereof adopted by the COUNCIL of ELARIONOFF X
the County of Hawaii on June 19 , 2002 JACOBSON
X
LEITHEAD-TODD
ATTEST:
PISICCHIO X
SAFARIK X
TYLER X
YAGONG
5 0 4 0
Reference C-654/Waived-FC
O Y CLERK CHAIRMAN & PRESIDING OFFICER RESOLUTION NO. ~