HomeMy WebLinkAboutRES 131 Draft 01 2002-2004 a~~_
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COUNTY OF HAWAII ~ ~ ~ STATE OF HAWAII
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RESOLUTION NO. 131 03
RESOLUTION AUTHORIZING THE CORPORATION COUNSEL, AND HIS
AUTHORIZED REPRESENTATIVES, TO ENTER INTO AN AGREEMENT WITH ThE
INDIVIDUALLY NAMED PARTIES, WHO ARE AND/OR WERE EMPLOYEES OF THE
COUNTY OF HAWAII AT THE TIME OF THE ALLEGED INCIDENT, TO REPRESENT
THEM IN THE CIVIL ACTION ENTITLED SAMUEL CARVALHO, SR. vs. SHANE SALIS,
ETAL., CIVIL NO. 03-00243 SOM/BMK
WHEREAS, Leonard Keao, Jr. ("Officer Keao"), Roylen Valera ("Officer Valera") and
Marshall Ney ("Officer Ney") are being sued in the case entitled Samuel Carvalho, Sr. vs.
Shane Salis, et al., Civil No. 03-00243; and
WHEREAS, Officers Keao, Valera and Ney are being sued in their individual capacity;
and
WHEREAS, on May 16, 2003, the Hawaii County Police Commission found whatever
involvement Officers Valera and Ney might have had in this matter was done in the
performance of their duties as police officers, and on October 17, 2003, the Hawaii County
Police Commission found whatever involvement Officer Keao might have had in this matter
was also done in the performance of his 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 of 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
adjusted 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 Officers Keao, Valera and Ney 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 defendants, that is, Officers Keao,
Valera and Ney, 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 parties, that is, Officers Keao, Valera and Ney, who are and/or were
employees of the County of Hawaii at the time of the alleged incident; and
WHEREAS, the representation by the Corporation Counsel, and his authorized
representatives, of such individually named parties, that is, Officers Keao, Valera and Ney, is
not an admission of liability by the Council of the County of Hawaii.
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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 parties, that is, Officers Keao, Valera and
Ney, who are and/or were employees of the County of Hawaii at the time of the alleged
incident, 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 at Hilo , Hawaii, this 17th day of Dec~nber , 2003.
IN ODUCED BY:
COUNCIL MEMBER, COUNTY OF HAWAII
COUNTY COUNCIL ROLL CALL VOTE
County of Hawaii AYES NOES ABS EX
Hilo, Hawaii
ARAKAKI
I hereby certify that the foregoing RESOLUTION was by the CHVNG X
vote indicated to the right hereof adopted by the COUNCIL of ELARIONOFF X
the County of Hawaii on ~ Dec~~r 17 2003 HOLSCHUH X
JACOBSON X
ATTEST: REYNOLDS X
SAFARIK X
TULANG X
TYLER X
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COUNTY CLE HAIRMAN & PRESIDING OFFICER RESOLUTION NO. ~`3
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