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HomeMy WebLinkAboutRES 229 Draft 01 2000-2002 COUl®T'I'Y OF` II~~WI`I STATE O~ I~~~W~I`I ~SOLUTI0101 NO. ~ ~ RESOLUTION AUTHORIZING THE CORPORATION COUNSEL, AND HIS AUTHORIZED REPRESENTATIVES, TO ENTER INTO AN AGREEMENT WITH THE INDIVIDUALLY NAMED PARTIES, WHO ARE EMPLOYEES OR FORMER EMPLOYEES OF THE COUNTY OF HAWAII, TO REPRESENT THEM IN THE CIVIL ACTION ENTITLED RICHARD ADAM VS. WAYNE CARVALHO, INDIVIDUALLYAND IN HIS CAPACITYAS CHIEF OF POLICE FOR THE CO LINTY OF HAWAI I AND STANLEY HAANIO, INDIVIDUALLYAND IN HIS CAPACITYAS A POLICE OFFICER FOR THE COUNTY OF HAWAII CIVIL NO. 98-00528 HG. BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAI`L• WHEREAS, former Police Chief, Wayne Carvalho and Police Officer Stanley Haanio, are being sued by Richard Adam ("Plaintiff') in the case entitled Richard Adam vs. Wayne Carvalho, et al., Civil No. 98-00528 HG, in the United States District Court for the District of Hawaii; and WHEREAS, the Third Amended Complaint alleges that former Police Chief Wayne Carvalho and Police Officer Stanley Haanio are being sued in both their official and individual capacities; and WHEREAS, the Hawaii County Police Commission found whatever involvement former Police Chief Wayne Carvalho and Police Officer Stanley Haanio 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 Third Amended 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 Hawai` i 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, former Police Chief Wayne Carvalho and Police Officer Stanley Haanio, 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, former Police Chief Wayne Carvalho who was an official and employee of the County of Hawaii, and Police Officer Stanley Haanio who is an official and employee of the County of Hawaii; and WHEREAS, the representation by the Corporation Counsel, and his authorized representatives, of such individually named parties, that is, former Police Chief Wayne Carvalho and Police Officer Stanley Haanio, 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 -2- enter into an agreement with the individually named parties, that is, former Police Chief Wayne Carvalho, who was an official and employee of the County of Hawaii at the time the alleged actions complained of took place, and Police Officer Stanley Haaruo, who is an official and employee 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 agreement on behalf of the County of Hawaii pursuant to the Hawaii County Charter. Dated: August 28 , 20Q2 INTRO ED BY: COUNCIL MEMBE COUNTY O HAVVAI`I COUNTY COUNCII, ROLL CALL VOTE County of Hawaii AYES N®ES AES EX Hilo, Hawaii ARAKAKI X I hereby certify that the foregoing RESOLUTION was by the CI~IUNG vote indicated to the right hereof adopted by the COUNCIL, of ELARION®FF X the County of Hawaii on ~„rn, ~ ~ ~ R~ (L? 7ACOI3S®N X LEITHEAD-TOI3D X ATTEST: PISICCIII® X s:\lit\adamlresolution\8-021KAGfc.wpd S~`~~ TYLER X YAGONG X Reference C-71$/FC-tiJaived CO CLERK CHAIlZMAN ~ PRESII~ING OFFICER RESOLUTION NO.