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HomeMy WebLinkAboutRES 133 Draft 01 2002-2004 s ~t COUNTY OF HAWAII ~ ~ STATE OF HAWAII h a~ ~ : , t wx~ mr ~bs~" yq'~.`. RESOLUTION NO. 133 03 RESOLUTION AUTHORIZING THE CORPORATION COUNSEL, AND HIS AUTHORIZED REPRESENTATIVES, TO ENTER INTO AN AGREEMENT WITH THE INDIVIDUALLY NAMED PARTIES, WHO ARE CURRENT AND FORMER EMPLOYEES OF THE COUNTY OF HAWAII, TO REPRESENT THEM IN THE CIVIL ACTION ENTITLED MICHAEL L. DUBBERSTEIN v. COUNTY OF HAWAII ET AL ,CIVIL NO. 03-00552 SOM/BMK (CIVIL NO. 03-1-0152K) WHEREAS, the County of Hawaii, Police Chief Lawrence K. Mahuna ("Chief Lawrence K. Mahuna"), Deputy Chief of Police Harry S. Kubojiri ("Deputy Chief Harry S. Kubojiri"), East Hawaii County Physician Alan C. DeSilva, M.D. ("Dr. Alan C. DeSilva") and former Deputy Corporation Counsel Dudley Akama ("Deputy Dudley Akama") are being sued in the case entitled MICHAEL L. DUBBERSTEIN v. COUNTY OF HAWAI `I, ET AL ,CIVIL NO. 03-00552 SOMBMK (CIVIL NO. 03-1-0152K); and WHEREAS, Chief Lawrence K. Mahuna, Deputy Chief Harry S. Kubojiri, Dr. Alan C. DeSilva and Deputy Dudley Akama are being sued in both their official and individual capacities; and WHEREAS, on October 17, 2003, the Hawaii County Police Commission found whatever involvement Chief Lawrence K. Mahuna and Deputy Chief Harry S. Kubojiri might have had in this matter was also done in the performance of the officers' duty as police officers, pursuant to Sections 52D-8 and 52D-9, Hawaii Revised Statutes, as amended; and WHEREAS, whatever involvement Dr. Alan C. DeSilva and Deputy Dudley Akama might have had in this matter was also done within the course and scope of their employment as employees of the County of Hawaii; 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 occun•ed, 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, Chief Lawrence K. Mahuna, Deputy Chief Harry S. Kubojiri, Dr. Alan C. DeSilva and Deputy Dudley Akama, and assures that a plaintiff can collect on his 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, Chief Lawrence K. Mahuna, Deputy Chief Harry S. Kubojiri, Dr. Alan C. DeSilva and Deputy Dudley Akama, in this action for all damages that maybe assessed, including punitive damages, so that the Corporation Counsel, and his authorized representatives, can represent the individually named parties, that is, Chief Lawrence K. Mahuna, Deputy Chief Harry S. Kubojiri, Dr. Alan C. DeSilva and Deputy Dudley Akama, who is a former employee of the County of Hawaii; and WHEREAS, the representation by the Corporation Counsel, and his authorized representatives, of such individually named parties, that is, Chief Lawrence K. Mahuna, Deputy Chief Harry S. Kubojiri, Dr. Alan C. DeSilva and Deputy Dudley Akama, is not an admission of liability by the Council of the County of Hawai `i. 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, Chief Lawrence K. Mahuna, Deputy Chief Harry S. Kubojiri, Dr. Alan C. 2 DeSilva and Deputy Dudley Akama, who is a former 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 at xilo , Hawaii, this 17th day of December , 2003. INTRODUCED BY: COUNCIL MEMBER, UNTY OF HAWAII 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 CxUNG x vote indicated to the right hereof adopted by the COUNCIL of ELARIONOFF X the County of Hawaii on December 17, 2003 HOLSCHUH X ATTEST: 1ACOBSON X REYNOLDS SAFARIK X TYLE; x 7 2 0 0 f~ f ' " v Reference ~ - 4 2 ~ r' UNTY CLERK RMAN & PRESIDING OFFICER RESOLUTION NO. ~"6~'~ o`~ DeSilva and Deputy Dudley Akama, who is a former 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 at , Hawaii, this day of , 2003. INTRODUCED BY: COUNCIL MEMBER, UNTY OF HAWAII 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 vote indicated to the right hereof adopted by the COUNCIL of ELARroNOFF the County of Hawaii on HOLSCHUH ATTEST: JACOBSON REYNOLDS SAFARIK u ~~-c 1YLEc Reference C-427 COUNTY CLERK CHAIRMAN & PRESIDING OFFICER RESOLUTION NO. 133 ~ 3