HomeMy WebLinkAboutRES 274 Draft 01 2002-2004
COUNTY OF HAWAII ~ STATE OF HAWAII
RESOLUTION NO. 2'74 (~4
RESOLUTION AUTHORIZING THE CORPORATION COUNSEL, AND HIS AUTHORIZED
REPRESENTATNES, 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 THOMAS G. NAUMAN VS. PAUI, BUGADO, ET AL., CNIL NO. 04-00392 DAE\LEK
WHEREAS, Officer Paul Bugado (hereinafter referred to as "Off. Paul Bugado"), is being sued in the
case entitled Thomas G. Nauman vs. Paul Bugado, et al., Civil No. 04-00392 DAE\LEK; and
WHEREAS, Off. Paul Bugado is being sued in both his official and individual capacity; and
WHEREAS, on September 10, 2004, the Hawaii County Police Commission found whatever
involvement Off. Paul Bugado 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 government 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 further finds that for this reason, it is in the public
interest to indemnify the individually named defendant, that is, Off. Paul Bugado, 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, Off. Paul Bugado, 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, Off. Paul Bugado, 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, Off. Paul Bugado, 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: Kona , Hawaii, this 24th day of November , 2004.
INTRO U BY:
COUNCIL MEMBE , CO F 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 X
vote indicated to the right hereof adopted by the COUNCIL of ELARIONOFF X
the County of Hawaii on November 24 , 2004. HOLSCHUH X
JACOBSON X
ATTEST:
REYNOLDS X
SAFARIK X
TULANG
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/A r' Reference C-801.1/Waived FC
COUNTY CLERK CHAIRMAN & PRESIDING OFFICER RESOLUTION NO.
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