HomeMy WebLinkAboutRES 252 Draft 01 2002-2004
COUNTY O~ I-IAWAI`I STATE OF IIAVVAI`I
IaESOLUTION NO. ~
RESOLUTION AUTHORIZING THE CORPORATION COUNSEL, AND HIS AUTHORIZED
REPRESENTATIVES, TO ENTER 1NT0 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, ET AL., v. LT. ROBERT HICKCOX, ET AL.,
CIVIL NO. 02-1-0149K
WHEREAS, Officer Wayne T. Mittunaga (hereinafter referred to as "Officer Mitsunaga") is being
sued in the case entitled Kealoha M. J. Wells, et al. v. Mark Farias, et al., Civil No. 02-1-0149K; and
WHEREAS, Officer Mitsunaga is being sued in both his official and individual capacities; and
WHEREAS, on September 10, 2004, the Hawaii County Police Commission found whatever
involvement Officer Mitsunaga 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 I-Iawai`i 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 Hawai°i 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 Hawai°i, Lt. Robert Hickcox, Det. Mark Farias and Officer Mitsunaga, and assures that a
plaintiff can collect on his or her judgment, if any; and
WHEREAS, the Council of the County of Hawai°i further finds that for this reason, it is in the public
interest to indemnify the individually named defendant, that is, Officer Mitsunaga, 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 Mitsunaga, who is an
employee of the County of Hawai°i; and
WHEREAS, the representation by the Corporation Counsel, and his authorized representatives, of
such individually named party, that is, Officer Mittunaga, 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 party, that is, Officer Mitsunaga, 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 Hilo, Hawaii, this 20th day of October, 2004.
INTRODUCED BY:
COUNCIL MEMBER, C TY OF HAWAII
COUNTY COUNCIL ROLL CALL VOTE
County of Hawaii
Hilo, Hawaii AYES NOES ABS EX
ARAKAKI X
1 hereby certify that the foregoing RESOLUTION was by CHUNG
the vote indicated to the right hereof adopted by the ELARIONOFF
COUNCIL of the County of Hawai` i on October 2 0 , 2 0 0 4 HoLSCxuH
ATTEST: JACOBSON X
REYNOLDS X
SAFARIK
TULANG X
TYLER X
5 2 2 0
G~~~~ ~'I•~l~c ~ ~ Reference C-36.6/Waived FC
COUNTY CLERK CHAIRMAN & PRESIDING OFFICER RESOLUTION NO. ~ ~