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HomeMy WebLinkAboutRES 053 Draft 01 2004-2006 COUNTY OF HAWAII STATE OF HAWAII RESOLUTION NO. 53 05 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 DONNA ALCOSIBA & GUYALCOSIBA v. LESLIE BOTELHO, CIVIL NO. 04-1-0017 WHEREAS, Leslie Botelho is being sued in the case entitled Donna Alcosiba & GuyAlcosiba v. Leslie Botelho, Civil No. 04-1-0017; and WHEREAS, Leslie Botelho is presently being sued in his individual capacity; 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 multiple attorneys for the County of Hawaii, if it is joined in this action, and Leslie Botelho, 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, Leslie Botelho, 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, Leslie Botelho, 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, Leslie Botelho, 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, Leslie Botelho, 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 1st day of March , 2005. INTRODUCED 13Y: i. ~ i, t COU CIL MEMBER, COUNTY OF 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 RIGA X vote indicated to the right hereof adopted by the COUNCIL of HOFFMAN X the County of Hawaii on March 1, 2005 HOLSCHUH X IKEDA ATTEST': ISBELL JACOBSON X PILAGO SAFARIK 9 0 0 0 i~ r ` ~ Reference C-86.1/Waived FC ~ rC,~--r~/l, ~ ~ ~ / ~ ~ COUNTY CLERK CHA AN & PRESIDING OFFICER RESOLUTION NO.