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<br /> COUNTY OF HAWAII ~ ` ~ STATE OF HAWAII
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<br /> RESOLUTION NO. 134 03
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<br /> RESOLUTION AUTHORIZING THE CORPORATION COUNSEL, AND HIS AUTHORIZED
<br /> REPRESENTATIVES, TO ENTER INTO AN AGREEMENT WITH THE INDIVIDUALLY NAMED
<br /> PARTY, WHO IS AN EMPLOYEE OF THE COUNTY OF HAWAII, TO REPRESENT HIM IN THE CIVIL
<br /> ACTION ENTITLED KEALOHA M.J. WELLS, ETAL., v. MARKFARIAS, ETAL., CIVIL NO. 02-1-0149K
<br /> WHEREAS, Lieutenant Robert Hickcox (hereinafter referred to as "Lt. Robert Hickcox") is being sued
<br /> in the case entitled Kealoha M.J. Wells, et al., v. MarkFarias, et al., Civil No. 02-1-0149K; and
<br /> WHEREAS, Lt. Robert Hickcox is being sued in both his official and individual capacities; and
<br /> WHEREAS, on October 20, 2003, the Hawaii County Police Commission found whatever involvement
<br /> Lt. Robert Hickcox might have had in this matter was also done in the performance of the officer's duty as a
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<br /> police officer, pursuant to Sections 52D-8 and 52D-9, Hawaii Revised Statutes, as amended; and
<br /> WHEREAS, the Office of the Disciplinary Counsel of the Supreme Court of the State of Hawaii has
<br /> rendered the opinion that representation by one attorney of multiple parties in such actions is improper unless
<br /> those parties waive the potential conflicts involved or unless the governmental entity agrees to indemnify all the
<br /> individual parties for all damages, including punitive damages; and
<br /> WHEREAS, the Council of the County of Hawaii finds that the acts alleged in the complaint, if
<br /> occurred, were done in good faith and the probability of punitive damages being adjudged is small; and
<br /> WHEREAS, the Council of the County of Hawaii finds that the payment of punitive damages serves a
<br /> public purpose because it encourages public service, minimizes the costs of hiring a cadre of attorneys for the
<br /> County of Hawaii and Lt. Robert Hickcox, and assures that a plaintiff can collect on his or her judgment, if
<br /> any; and
<br /> WHEREAS, the Council of the County of Hawaii further finds that for this reason, it is in the public
<br /> interest to indemnify the individually named defendant, that is, Lt. Robert Hickcox, in this action for all
<br /> damages that maybe assessed, including punitive damages, so that the Corporation Counsel, and his authorized
<br /> representatives, can represent the individually named party, that is, Lt. Robert Hickcox, who is an employee of
<br /> the County of Hawaii; and
<br /> WHEREAS, the representation by the Corporation Counsel, and his authorized representatives, of such
<br /> individually named party, that is, Lt. Robert Hickcox, is not an admission of liability by the Council of the
<br /> County of Hawaii.
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