HomeMy WebLinkAboutRES 196 Draft 01 2006-2008
COUNTY OF HAWAII STATE OF HAWAII
RESOLUTION NO. 196 0'7
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 GEORGE L.K.
"KEOKI" KAI, JR., ET AL. v. COUNTY OFHAWAI`I, ETAL., CIVILNO. CV06-00009
DAE/KSC.
WHEREAS, Lorenzo Atienda ("Atienda"), Robert Pule ("Pule") and David Reis ("Reis")
(hereinafter collectively known as "Police Officers") are being sued in the case entitled
George L.K. "Keoki"Kai, Jr., et al. v. County ofHawai `i, et al., Civil No. 06-00009 DAE/KSC;
and
WHEREAS, Atienda, Pule and Reis are being sued in their individual capacities; and
WHEREAS, on January 20, 2006, the Hawaii County Police Commission found
whatever involvement the Police Officers might have had in this matter was done in the
performance of their duties 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 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 ("County") finds that the acts alleged
in the 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 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 and Police Officers, and assures that a plaintiff can collect on his or her
judgment, if any; and
WHEREAS, the Council of the County further finds that for this reason, it is in the public
interest to indemnify the individually named defendants, that is, Atienda, Pule and Reis, 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 and the individually named
parties, that is, Atienda, Pule and Reis, who are employees of the County; and
WHEREAS, the representation by the Corporation Counsel, and his authorized
representatives, of such individually named parties, that is, Atienda, Pule and Reis, is not an
admission of liability by the Council of the County.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY,
that the Corporation Counsel, and his authorized representatives, are authorized to enter into
agreements with the individually named parties, that is, Atienda, Pule and Reis, who aze
employees of the County, 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 is authorized to sign the
above-noted agreement on behalf of the County pursuant to Hawaii County Charter.
Dated at Hilo , Hawaii, this 16th day of_ Mav , 2007.
INTRODUCED BYE
COUNCIL MEMBER, F HAWAII
COUNTY COUNCIL ROLL CALL VOTE
County of Hawaii
Hilo, Hawaii AYES NOES ABS EX
FORD X
1 hereby certify that the foregoing RESOLUTION was by the HIGH g
vote indicated to the right hereof adopted by the COUNCIL of HoFFMAN
the County ofHawai`ion May 16. 2007 IKEDA X
ATTEST: 1ACOBSON X
NAEOLE X
PILAGO X
YAGONG X
YOSHIMOTO X
9 0 0 0
r1 Reference C-396/Waived FC
~ , 196 0'7
CONY CLERK CHAIRMAN & SID G OFFIC R RESOLUTION NO.
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