HomeMy WebLinkAboutRES 252 Draft 01 2000-2002 COUl~TY OF I~A~V.I` TATS O~ ~IAWt~I`I
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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
KEOLA KANAE V. KAHIKI M.H. HODSON, ET AL., CIVIL NO. 02-00399 SOM/LEK
WHEREAS, the County of Hawaii and Police Officer Kahiki M.H. Hodson
(hereinafter referred to as "Officer Kahiki Hodson") are being sued in the case entitled
Keola N. Kanae vs. Kahiki M.H. Hodson, et al., Civil No. 02-00399 SOM/LEK; and
WHEREAS, Officer Kahiki M. H. Hodson is being sued in both his official and
individual capacities; and
WHEREAS, on September 13, 2002, the Hawaii County Police Commission
found whatever involvement Officer Kahiki M. H. Hodson 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 Kahiki M.
H. Hodson, 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 Kahiki M. H. Hodson, 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 Kahiki M.
H. Hodson, 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, Officer Kahiki M. H. Hodson,
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
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party, that is, Officer Kahiki M. H. Hodson, who is an 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: November, 2002
INTRODUCED BY:
COUNCIL MEMBER, COUNTY F HAWAII
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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 Nr~v~m~.~ r ~ , 2 ~0 2 JACOBSON X
LEITHEAD-TODD X
ATTEST:
PISICCHIO
SAFARIK X
TYLER
~ YAGONG X
A,,
Reference C - ~ $ 3 /WAIV~p-F1C
COUNTY CLERK CHAIRMAN & PRESIDING OFFICER RESOLUTION NO. ~ ~