HomeMy WebLinkAboutRES 087 Draft 01 2004-2006 COUNTY OF HAWAII STATE OF HAWAII
RESOLUTION NO. 8'7 05
RESOLUTION AUTHORIZING THE CORPORATION COUNSEL, AND HIS AUTHORIZED
REPRESENTATIVES, TO ENTER INTO AN AGREEMENT WITH THE INDIVIDUALLY NAMF,D
PARTY, WHO WAS AN EMPLOYEE OF THE COUNTY OP HAWAI'1 AT THE TIME OF THE
ALLEGED INCIDENT, TO REPRESENT HER IN THE CIVIL ACTION ENTITLED WES
HICKS vs. COUNTY OFHAWAI'1, ETAL., CIVIL NO. 03-1-0288
WHEREAS, Iris McGuire (hereinafter referred to as "Officer McGuire") is being sued in the
case entitled Wes Hicks vs. County of Hawai `i, et ul., Civil No. 03-1-0288; and
WHEREAS, Officer McGuire is being sued in her individual capacity; and
WHEREAS, on March 19, 2004, the Hawaii County Police Commission found whatever involvement
Officer McGuire might have had in this matter was also done in the performance of her 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 adjusted 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 Officer McGuire, and assures that a plaintiff can collect on his or herjudgment, 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, Officer McGuire, 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 McGuire, who was an employee of
the County of Hawaii at the time of the alleged incident; and
WHEREAS, the representation by the Corporation Counsel, and his authorized representatives, of
such individually named party, that is, Officer McGuire, 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, Officer McGuire, who was an employee of the County of Hawaii
at the time of the alleged incident, 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 I-Iawai`i pursuant to the Hawaii County Charter.
Dated at Hilo , Hawaii, this 4th day of MaY , 2005.
INTRODUCED BY:
l~
COUNCIL EMBER, 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 HIGH
vote indicated to the right hereof adopted by the COUNCIL of HOFFMANN X
the County of Hawaii on MaY 4 , 200 5 HOLSCHUH X
IKEDA
ATTEST:
ISBELL
JACOBSON
PILAGO X
SAFARIK X
8 0 1 0
~~~'L'u/I Reference C-162.1/Waived FC
COUNTY CLERK CHAIRMAN & PRESIDING O ER RESOLUTION NO. ~
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