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HomeMy WebLinkAboutRES 033 Draft 01 2002-2004 COUNTY OF HAWAII STATE OF HAWAII RESOLUTION NO. 33 03 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 KEALOHA M. J. WELLS, ET AL. VS. MARK FARIAS, ETAL., CIVIL NO. 02-1-0149K WHEREAS, Detective Mark Farias (hereinafter referred to as "Det. Mark Farias") is being sued in the case entitled Kealoha M. J. Wells, of al. vs. Mark Farias, et al., Civil No. 02-1-0149K; and WHEREAS, Det. Mark Farias is being sued in both his official and individual capacities; and WHEREAS, on October 25, 2002, the Hawaii County Police Commission found whatever involvement Det. Mark Farias 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 government 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 further finds that for this reason, it is in the public interest to indemnify the individually named defendant, that is, Det. Mark Farias, 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, Det. Mark Farias, 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, Det. Mark Farias, 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, Det. Mark Farias, who is an employee of the County of Hawa~`i, to carry out the purpose of this resolution, to be executed and provided by law BB IT FURTHER RESOLVBD 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: T~,nai~r~ ~ ~~~1~~1~ INTRODUCED BY: COUNCIL MEMBER, LINTY OF HAWAII COUNTY COUNCIL ROLL CALL VOTE County of hlawai'i H110, ~-IaWal`I AYES NOES ABS EX ARAKAKI x I hereby certify that the foregoing RESOLUTION was by CkiuNG x the vote indicated to the right hereof adopted by the ELARIONOFF COUNCIL of the County of Flawai'i on ~a~~~~R()3 IaoLSC~IUM x JACOBSON X ATTEST: LEITHEAD-TODD X REYNOLDS X SAFARI K TYLER X ~ /~r i / ' !f Reference C-91/ FC-Waived COUNTY CLERK CHAIRMAN & PRESIDING OFFICER RESOLUTION NO.