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<br /> COUNTY O~ I-IAWAI`I STATE OF IIAVVAI`I <br /> IaESOLUTION NO. ~ <br /> <br /> RESOLUTION AUTHORIZING THE CORPORATION COUNSEL, AND HIS AUTHORIZED <br /> <br /> REPRESENTATIVES, TO ENTER 1NT0 AN AGREEMENT WITH THE INDIVIDUALLY NAMED <br /> <br /> PARTY, WHO IS AN EMPLOYEE OF THE COUNTY OF HAWAII, TO REPRESENT HIM IN THE <br /> <br /> CIVIL ACTION ENTITLED KEALOHA M.J. WELLS, ET AL., v. LT. ROBERT HICKCOX, ET AL., <br /> <br /> CIVIL NO. 02-1-0149K <br /> WHEREAS, Officer Wayne T. Mittunaga (hereinafter referred to as "Officer Mitsunaga") is being <br /> sued in the case entitled Kealoha M. J. Wells, et al. v. Mark Farias, et al., Civil No. 02-1-0149K; and <br /> WHEREAS, Officer Mitsunaga is being sued in both his official and individual capacities; and <br /> WHEREAS, on September 10, 2004, the Hawaii County Police Commission found whatever <br /> involvement Officer Mitsunaga might have had in this matter was also done in the performance of the <br /> officer's duty as a police officer, pursuant to Sections 52D-8 and 52D-9, Hawaii Revised Statutes, as <br /> amended; and <br /> WHEREAS, the Office of the Disciplinary Counsel of the Supreme Court of the State of I-Iawai`i 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 <br /> the 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 /> <br />