HomeMy WebLinkAboutRES 235 Draft 01 2000-2002 COUl®TTY O~ I-IA~VI~~- T~T~ O~ ~IA~V~I`I
I~SOLUTION NO.
RESOLUTION AUTHORIZING THE CORPORATION COUNSEL, AND HIS
AUTHORIZED REPRESENTATIVES, TO ENTER INTO AN AGREEMENT WITH
THE INDIVIDUALLY NAMED PARTY, WHO IS A FORMER EMPLOYEE OF THE
COUNTY OF HAWAII, TO REPRESENT HIM IN THE CIVIL ACTION ENTITLED
ROGER ESPEJO, ET AL. V. COUNTY OF HAWAI ET AL., CIVIL NO. 02-00299
DAE/BMK
WHEREAS, the County of Hawaii and former Police Officer John Talich
(hereinafter referred to as "Officer John Talich") are being sued in the case entitled Roger
Espejo, et al. vs. County of Hawai i, et al., Civil No. 02-00299 DAEBMK; and
WHEREAS, Officer John Talich is being sued in both his official and individual
capacities; and
WHEREAS, on June 21, 2002, the Hawaii County Police Commission found
whatever involvement Officer John Talich might have had in this matter was also done in
the performance of the officer's duty as a police officer, pursuant to Sections 52D-8 and
52D-9, Hawaii Revised Statutes, as amended; 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 Officer John Talich,
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,
Officer John Talich, 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, Officer John Talich, who is a former
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, Officer John Talich, 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, Officer John Talich, who is a former 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: sP t Pm , r 1 1 0 0 2
INTRODUCED BY:
COUNCIL MEMBER, CO TY OF HAWAII
s:lit\espej o\02-00299daebmklresolutionl8-221JKKch. wpd
COUNTY COUNCIL ROLL CALL VOTE
County of Hawaii
Hilo, Hawaii 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
the County of Hawaii on 11, 2 CLOD 2 7ACOBSON X
LEITHEAD-TODD X
ATTEST:
PISICCHIO
SAFARIK X
i'
` TYLER X
X
7 0 2 0
Reference C - ~ ~ ~
1.
COUNTY CLERK CHAIIZMAN & PRESIDING OFFICER RESOLUTION NO. `