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HomeMy WebLinkAboutRES 096 Draft 01 2002-2004 COUNTY OF HAWAII STATE OF HAWAII RESOLUTION NO. 96 0:3 RESOLUTION AUTHORIZING THE CORPORATION COUNSEL, AND HIS AUTHORIZED REPRF,SENTATIVES, TO ENTER INTO AN AGREEMENT WITH THE INDIVIDUALLY NAMEll PARTY, WHO IS AN EMPLOYEE OF THE COUNTY OF HAWAI`l, TO REPRESENT HER IN THE CIVIL ACTION ENTITLED GUY B. SHEPARD V, vs. OFFICER L UCIGLE MELEMAI, ET AL., CIVIL NO. 02-1-0368 WHEREAS, Officer Lucille Melemai (hereinafter referred to as "Officer Melemai") is being sued in the case entitled Guy B. Shepard V. vs. Officer Lucille Melemai, et al., Civil Nu. 02-1-0368; and WHEREAS. Officer Melemai is being sued in her individual capacity; and WHEREAS, on May 16, ?003, the Hawaii County Police Commission found whatever involvement Officer Melemai might have had in this matter was also done in the performance of her 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 Ilawai`i 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 punitiac 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 1 ~awai`i and Oftcer Melemai, and assures that a plainti ff can collect on his or her judgment, if any; and WHEREAS, the Council of the County of Hawaii further tads that Cor this reason, it is in the public interest tr. indemnify the individually named defendant, that is. Officer Melemai, 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 Melemai, who is an employee of the County of Hawaii: and WI3EREAS, the representation by the Corporation Counsel, and his authorized representatives, of such individually named party, that is, Officer Melemai, is not an admission of liability by the Council of the County of llawai`i. NOW. THEREFOEZE. QE ]T RI~SO[.VED 13Y THE COUNCIL OF THE COUNTY OP HAWAI'l, that the Corporation Counsel and his authorized representatives, arc authorized to enter into an agreement with the individually named -2- party, that is, Officer Melemai, who is an employee of the County of Ilawai`i, to carrz~ out the purpose of this resolution, to be executed and provided by law. BE IT FURTHER RFSOI,VED that the Mayor of the County of;-lawai`i is authorized to sign the above-noted agreement on behalf of the County of I Iawai`i pursuant to the I~awai`i CouJlty Charter. Dated at ~`talo , I~lawai`i, this 4~'~ day of Sept~'~~~ , 2003. INTRODU ED BY: COUNCIL MEM~ER:.C0~1NTY.O ~ I-IA~~~.r~.I`I COUNTY COUNCIL, ROLL CALL VOTE County of Hawai i Hilo, Hawaii AYES NOF;S ;1E3S LX .4RAKAKI X ( hereby certify that the foregoing RESOLUTION was by the CIIUNG vote indicated to the right hereof adoptc~i by the COUNCIL of F.,LARIONOFr k the Co~rnty of Ha~3~ai`i on beEt~ ~ X003 HoLSCFIUH X JACOBSON ATTEST: REYNOLDS SAFARIK X ~ / TYLER X Reference C-325 ~i COUNTY CLERK CHAIRMAN & PRESIDING OFFICER RESOLUTION NO.