HomeMy WebLinkAboutRES 334 Draft 01 2004-2006
COUNTY OF HAWAII STATE OF HAWAII
RESOLUTION NO. 3~4
RESOLUTION AUTHORIZING THE CORPORATION COUNSEL, AND HIS
AUTHORIZED REPRESENTATIVES, TO ENTER INTO AGREEMENTS WITH THE
INDIVIDUALLY NAMED PARTIES, WHO ARE EMPLOYEES OF THE COUNTY OF
HAWAII, TO REPRESENT THEM IN THE CIVIL ACTION ENTITLED THOMAS
YOUNG vs. COUNTY OFHAWAI`I, ETAL., CIVIL NO. OS-O1-164K.
WHEREAS, Mark Norman ("I~Iorman") and Lyle Hirota ("Hirota") (hereinafter also
known collectively as "Employees") are being sued in the case entitled Thomas Young vs.
County ofHawai `i, et al., Civil No. OS-O1-164K; and
WHEREAS, according to the Complaint filed in Thomas Young vs. County ofHawal'i, et
al., Civil No. OS-O1-164K, the Employees are being sued in their individual capacities; and
WHEREAS, the Council of the County of Hawaii finds that whatever involvement
Norman and Hirota might have had in this matter was also done in the performance of their duty
as Employees for the County of Hawaii; 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 the Officers, 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 defendants, that is, Norman and
Hirota, 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 parties, that is, Norman and Hirota, who are employees of the County of Hawaii; and
WHEREAS, the representation by the Corporation Counsel, and his authorized
representatives, of such individually named parties, that is, Norman and Hirota, is not an
admission of liability by the Council of the County of Hawai` i.
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 agreements with the individually named parties, that is, Norman and Hirota, who are
employees 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 agreements on behalf of the County of Hawaii pursuant to the Hawaii
County Charter.
Dated at Hilo ,Hawaii, this 2nd day of May , 2006.
INTRODUCED BY:
~~-i u.~1
CO CIL MEMBER, COUNTY OF HAWAII
COUNTY COUNCIL ROLL CALL VOTE
County of Hawai `i
Hilo, Hawaii AYES NOES ABS EX
ARAKAKI X
I hereby certify that the foregoing RESOLUTION was by the xIGA X
vote indicated to the right hereof adopted by the COUNCIL of xOFFMANN X
the County of Hawaii on May 2 , 200 6 xOLSCxUH X
IKEDA X
ATTEST:
ISBELL X
JACOBSON X
PILAGO X
SAFARIK X
9 0 0 0
Reference C-850/Waived FC
4
COUNTY CLERK CHAIRMAN & PRESIDING OFFICER RESOLUTION NO. ~
2