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<br /> COUNTY OF HAWAII STATE OF HAWAII <br /> RESOLUTION NO. 196 0'7 <br /> RESOLUTION AUTHORIZING THE CORPORATION COUNSEL, AND HIS <br /> AUTHORIZED REPRESENTATIVES, TO ENTER INTO AGREEMENTS WITH THE <br /> INDIVIDUALLY NAMED PARTIES, WHO ARE EMPLOYEES OF THE COUNTY <br /> OF HAWAII, TO REPRESENT THEM IN THE CIVIL ACTION ENTITLED GEORGE L.K. <br /> "KEOKI" KAI, JR., ET AL. v. COUNTY OFHAWAI`I, ETAL., CIVILNO. CV06-00009 <br /> DAE/KSC. <br /> WHEREAS, Lorenzo Atienda ("Atienda"), Robert Pule ("Pule") and David Reis ("Reis") <br /> (hereinafter collectively known as "Police Officers") are being sued in the case entitled <br /> George L.K. "Keoki"Kai, Jr., et al. v. County ofHawai `i, et al., Civil No. 06-00009 DAE/KSC; <br /> and <br /> WHEREAS, Atienda, Pule and Reis are being sued in their individual capacities; and <br /> WHEREAS, on January 20, 2006, the Hawaii County Police Commission found <br /> whatever involvement the Police Officers might have had in this matter was done in the <br /> performance of their duties as police officers, pursuant to Sections 52D-8 and 52D-9, Hawaii <br /> Revised Statutes, as amended; and <br /> WHEREAS, the Office of the Disciplinary Counsel of the Supreme Court of the State of <br /> Hawaii has rendered the opinion that one attorney of multiple parties in such actions is improper <br /> unless those parties waive the potential conflicts involved or unless the governmental entity <br /> agrees to indemnify all the individual parties for all damages, including punitive damages; and <br /> WHEREAS, the Council of the County of Hawaii ("County") finds that the acts alleged <br /> in the Complaint, if occurred, were done in good faith and the probability of punitive damages <br /> being assessed is small; and <br /> WHEREAS, the Council of the County finds that the payment of punitive damages serves <br /> a public purpose because it encourages public service, minimizes the costs of hiring a cadre of <br /> attorneys for the County and Police Officers, and assures that a plaintiff can collect on his or her <br /> judgment, if any; and <br /> WHEREAS, the Council of the County further finds that for this reason, it is in the public <br /> interest to indemnify the individually named defendants, that is, Atienda, Pule and Reis, in this <br /> action for all damages that may be assessed, including punitive damages, so that the Corporation <br /> Counsel, and his authorized representatives, can represent the County and the individually named <br /> parties, that is, Atienda, Pule and Reis, who are employees of the County; and <br /> <br />