HomeMy WebLinkAboutRES 088 Draft 01 2004-2006 COUNTY OF HAWAII STATE OF HAWAII
RESOLUTION NO. 88 (b5
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
CNIL ACTION ENTITLED WESHICKS vs. COUNTY OFHAWAI'I, ETAL., CNIL NO. 03-1-0288
WHEREAS, Jeffrey Natividad (hereinafter referred to as "Officer Natividad") is being sued in the
case entitled Wes Hicks vs. County of Hawaii , et al., Civil No. 03-1-0288; and
WHEREAS, Officer Natividad is being sued in his individual capacity; and
WHEREAS, on June 18, 2004, the Hawaii County Police Commission found whatever involvement
Officer Natividad might have had in this matter was also done in the performance of his 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 Natividad, 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, Officer Natividad, 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, Officer Natividad, 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, Officer Natividad, 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 Natividad, 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 4th day of May , 2005.
INTROD CED BY:
COUNCIL EMBER, COUNTY OF HAWAII
COUNTY COUNCIL ROLL CALL VOTE
County of I-Iawai`i
H110, Hawal`1 AYES NOES ABS EX
ARAKAKI
I hereby certify that the foregoing RESOLUTION was by RIGA
the vote indicated to the right hereof adopted by the xoFFn~IANN X
COUNCIL of the County of Hawaii on May 4 , 2005. HOLSCHUH
[KEDA
ATTEST: ISBELL
JACOBSON
PILAGO
SAFARIK X
8 0 1 0
n ^ 1~~ ~/'J~ Reference C-162.1/Waived FC
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COUNTY CLERK CHAIlZMAN & PRESIDIN OFFICER RESOLUTION NO. `-x ~ !
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