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HomeMy WebLinkAboutRES 132 Draft 01 2002-2004 x~ ` ~ ~ ~ STATE OF HAWAII COUNTY OF HAWAII ~ ~ f 4 as m:'~~~, 3' RESOLUTION NO. 132 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 WENDELL TANGARO vs. JOSEPHBOTELHO, ET AL., CIVIL NO. 03-00211 DAE/LEK WHEREAS, Joseph Botelho (hereinafter referred to as "Officer Botelho") is being sued in the case entitled Wendell Tangaro vs. Joseph Botelho, et al., Civil No. 03-00211; and WHEREAS, Officer Botelho is being sued in his individual capacity; and WHEREAS, on August 22, 2003, the Hawaii County Police Commission found whatever involvement Officer Botelho 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 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 Officer Botelho, 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 Botelho, 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 Botelho, 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 Botelho, 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 Botelho, who is an 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 at xilo , Hawaii, this 17tH day of Dec~nber , 2003. INTRODUCED BY: COUNCIL MEMBER, OUNTY OF HAWAII 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 X the County ofHawai`i on December 17, 2003 HOLSCHUH X JACOBSON X ATTEST: REYNOLDS X SAFARIK X _ TULANG X TYLER X j 8 1 0 0 ~ Reference C - 4 2 G COUNTY CLERK C AIRMAN & PRESIDING OFFICER RESOLUTION NO.