HomeMy WebLinkAboutRES 077 Draft 01 2006-2008
COUNTY OF HAWAII STATE OF HAWAII
RESOLUTION NO. 7~ 07
RESOLUTION AUTHORIZING THE CORPORATION COUNSEL, AND HIS
AUTHORIZED REPRESENTATIVES, TO ENTER INTO AN AGREEMENT WITH THE
INDIVIDUALLLY NAMED PERSON, WHO WAS A FORMER EMPLOYEE OF THE
COUNTY OF HAWAII, TO REPRESENT HIM IN THE CIVIL ACTION ENTITLED
VANESSAHALDEMAN, ET AL. v. RUTH GOLDEN, ETAL., CIVIL NO. CVOS-00810
DAE/KSC.
WHEREAS, former Detective Alexander Graves ("Detective Graves") is being sued in
the case entitled Vanessa Haldeman, et al. v. Ruth Golden, et al., Civil No. CVOS-00810
DAE/KSC; and
WHEREAS, according to the First Amended Complaint filed in Vanessa Haldeman, et
al. v. Ruth Golden, et al., Civil No. CVOS-00810 DAE/KSC, Detective Graves is being sued in
his individual capacity; and
WHEREAS, on December 15, 2006, the Hawaii County Police Commission found
whatever involvement Detective Graves might have had in this matter was done in the
performance of his duty as a detective, pursuant to Sections 52D-8 and 52D-9, Hawaii Revised
Statutes, as amended; and
WHEREAS, the Council of the County of Hawaii finds that the acts alleged in the First
Amended Complaint, if occurred, were done in good faith and the probability of punitive
damages being assessed 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 detective, 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, Detective Graves, 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 County of Hawaii
and the individually named party, that is, Detective Graves, who was a former employee of the
County of Hawaii; and
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WHEREAS, the representation by the Corporation Counsel, and his authorized
representatives, of such individually named party, that is, Detective Graves, 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, aze authorized to
enter into an agreement with the individually named party, that is, Detective Graves, who was a
former 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 Hawaii County
Charter.
Dated at Kona , Hawaii, this 22nd day of Februarv , 2007.
INT DUCED BY:
COUNCIL MEMB R C TY OF HAWA `I
COUNTY COUNCIL ROLL CALL VOTE
County of Hawaii
Hilo, Hawaii AYES NOES Ass EX
FORD X
1 hereby certify that the foregoing RESOLUTION was by the HIGA X
vote indicated to the right hereof adopted by the COUNCIL of HOFFMAN X
the County ofHawai`i on Februarv,. 22, 2007 [KEDA X
ATTEST: JACOBSON g
NAEOLE X
PILAGO X
YAGONG X
YOSHIMOTO X
5 0 4 0
~1 ~ Reference C-75.1/Waived FC
Y CLERK CHAI APR IDING O ICER RESOLUTION NO. O`7
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