HomeMy WebLinkAboutRES 118 Draft 01 2004-2006 4C.a x kA~.
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COUNTY OF HAWAII ~ . ~ STATE OF HAWAII
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RESOLUTION NO. 118 (~5
RESOLUTION AUTHORIZING THE CORPORATION COUNSEL, AND HIS AUTHORIZED
REPRESENTATNES, TO ENTER INTO AGREEly4ENTS WITH THE INDIVIDUALLY NAMED
PARTIES, WHO ARE EMPLOYEES OF THE COijJNTY OF HAWAII, TO REPRESENT THEM IN THE
CIVIL ACTION ENTITLED THOMAS SCHMIDT ws. HAWAI'I COUNTY POLICE DEPARTMENT, ETAL.,
CNIL NO. CV04-00573 SPK/KSC.
WHEREAS, Captain Lawrence Balberde ("Captain Balberde"), Officer Michael Hardie ("Officer
Hardie"), Officer Michael Corum ("Officer Corum"), Officer Sherry Bird ("Officer S. Bird"), Officer Sharlotte
T. Bird ("Officer S.T. Bird"), Officer Thomas Shopay ("Officer Shopay"), Officer Walter Ah Mow ("Officer
Ah Mow") and Officer Chad Taniyama ("Officer Tap~iyama") (hereinafter also known collectively as
"Officers") are being sued in the case entitled ThomcVs Schmidt vs. Hmvaf'i County Police Department, et al.,
Civil No. CV04-00573 SPK/KSC; and
WHEREAS, according to the Complaint filed in Thomas Schmidt vs. Hawaii County Police
Department, et al., Civil No. CV04-00573 SPK/KSC, the Officers are being sued in their individual capacities;
and
WHEREAS, on November 19, 2004, the Hawaii County Police Commission found whatever
involvement Captain Balberde, Officer Hardie, Officer Corum, Officer S. Bird, Officer S.T. Bird and Officer
Shopay might have had in this matter was also done in the performance of their duty as police officers, pursuant
to Sections 52D-8 and 52D-9, Hawaii Revised Statutes, as amended; and
WHEREAS, on December 10, 2004, the Hawaii County Police Commission found whatever
involvement Officer Ah Mow and Officer Taniyama might have had in this matter was also done in the
performance of their duty as police officers, 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 ar 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 H1wai`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 Hawaii and the Officers, and assures that a plaintiff can collect on his or her judgment, if any; and
WHEREAS, the Council of the County of I-I wai`i further finds that for this reason, it is in the public
interest to indemnify the individually named defen ts, that is, Captain Balberde, Officer Hardie, Officer
Corum, Officer S. Bird, Officer S.T. Bird, Officer S~ aopay, Officer Ah Mow and Officer Taniyama, in this
action for all damages that nay be assessed, includi ~ punitive damages, so that the Corporation Counsel, and
his authorized representatives, can represent the ind vidually named parties, that is, Captain Balberde, Officer
Hardie, Officer Cor€~n~, Officer S. Bird, Officer S.T Bird, Officer Shopay, Officer Ah Mow and Officer
Taniyama, :vho are employees of the County of Ha ai`i; and
WHEREAS, the representation by the Corp ration Counsel, and his authorized representatives, of
such individually Wanted parties, tha is, Captain Ba berde, Officer Hardie, Officer Corum, Officer S. Bird,
Officer S.T. Bird, Oft~cer Shopay, Officer Ah Mow arad Officer Taniyama, is not an admission of liability by
the Council of the County of Hawaii.
NOW, THEREFORE, BE IT RESOLVED Y THE COUNCIL OF THE COUNTY OF HAWAII,
that the Corporation Counsel, and his authorized re resentatives, are authorized to enter into agreements
with the individually a~amed parties,. that is, Captair Balberde, Officer Hardie, Officer Corum, Officer S. Bird,
Officer S.T. Bird, Officer Shopay, Officer Ah Mow and Officer Taniyama, who are employees of the County of
Hawaii, to carry out the purpose of fihis resolution, o be executed and provided by law.
BE IT FURTHER RESOLVED th~.t the Ma or of the County of Hawaii is authorized to sign the
above-noted agrecmet~ts on behalf of the County of awai`i pursuant to the Hawaii County Charter.
Dated at Hilo , Hawaii, this 7 th d y of J ulY , 2005.
1NTR DUCED BY:
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COUNT IL MEMBER, COUNTY OF HAWAII
COUNTY COUNCIL ROLL CALL VOTE
County of Hawaii AYES NOES ABS EX
Milo, Hawaii
ARAKAKI
I hereby certify that the foregoing RESOLUTION as by HIGH
the vote indicated to the right hereof adopted by the HOFFMANN X
COUNCIL of the County of Hawaii on July 7 , 2005, HOLSCHUH X
IKEDA X
ATTEST: ISBELL X
JACOBSON X
PILAGO X
SAFARIK X
~ ~ 8 0 1 0
i ~~~!.v ' Reference C-316 Waived
COUNTY CLERK CHAIRMAN & PRESIDING OFFICER RESOLUTION NO. ~b