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HomeMy WebLinkAboutRES 134 Draft 01 2002-2004 ~c4f>i 4i 1 t i'` ~V SA ~+aF ;q„ COUNTY OF HAWAII ~ ` ~ STATE OF HAWAII 4 rl s ~..y T$!~'+s .%^5Ym RESOLUTION NO. 134 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 KEALOHA M.J. WELLS, ETAL., v. MARKFARIAS, ETAL., CIVIL NO. 02-1-0149K WHEREAS, Lieutenant Robert Hickcox (hereinafter referred to as "Lt. Robert Hickcox") is being sued in the case entitled Kealoha M.J. Wells, et al., v. MarkFarias, et al., Civil No. 02-1-0149K; and WHEREAS, Lt. Robert Hickcox is being sued in both his official and individual capacities; and WHEREAS, on October 20, 2003, the Hawaii County Police Commission found whatever involvement Lt. Robert Hickcox might have had in this matter was also done in the performance of the officer's 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 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 and Lt. Robert Hickcox, 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, Lt. Robert Hickcox, 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 party, that is, Lt. Robert Hickcox, 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, Lt. Robert Hickcox, 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, Lt. Robert Hickcox, who is an 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 Dec~nber , 2003. INTRODUCED BY: COUNCIL MEMBER, COUN Y 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 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: JACOSSON X REYNOLDS X SAFARIK T~i~`;.u1I1 t. X -ti 1 X " 5 4 0 0 - Reference C - 4 2 S Y LERK AIRMAN & PRESIDING OFFICER RESOLUTION NO. ~ ~ ~ ~ ~ C T C