HomeMy WebLinkAboutREP FC 192 01/06/1998 1996-1998 REPORT OF THE
COMMITTEE ON FINANCE
DATE: Januazy 6, 1998 Re: Comm. No. 637/Res. No. 204
PLACE: Councilroom
TIIv1E: 10:30 A.M.
Chair and Members
Hawaii County Council
Hilo, Hawaii 96720
Your Committee on Finance, to which was referred, reports as follows:
Resolution No. 204, transmitted jointly with Resolution No. 203 by Corporation Counsel
Richazd Wurdeman, via Communication No. 637, dated December 12, 1997, authorizes the
Corporation Counsel and his authorized representatives to enter into an agreement with the
individually named defendant who is an employee of the County of Hawaii, to represent him in
the civil action entitled Dean E Beaumont vs. Richard Carter, Jr., et aZ, Civil No. 97-187K.
This resolution was implemented according to a new procedure developed by the Office of the
Corporation Counsel which is intended to formalize the actions of the Council relating to the
indemnification of co-defendants in a law suit involving the County of Hawaii. In support of the
new procedure, and the need for County indemnification of co-defendants in certain situations,
that office cited an opinion rendered by the Office of the Disciplinary Counsel of the Supreme
Court of the State of Hawaii, which states representation by one attorney of multiple parties in
such actions is not improper where those parties waive the potential conflicts involved or where
the governmental entity agrees to indemnify all the individual parties for all damages, including
punitive damages.
Therefore, Resolution No. 204 authorizes the Corporation Counsel and his authorized
representatives to enter into an agreement with Hawaii County Police Officer Richazd Carter Jr.
whereby the County will indemnify said party for all damages that may be assessed in this
action, including punitive damages, for the purpose of allowing the Office of the Corporation
Counsel to represent the above named employee who is a co-defendant with the County of
Hawaii in the instant action.
Resolution No. 203 further authorizes the Mayor of the County of Hawaii to sign the agreement
entered into by the Corporation Counsel with the named party on behalf of the County of
Hawaii.
Resolution No. 204 was amended to delete the provision which states the Council concurs with
the findings of the Hawaii County Police Commission as that body's findings are deemed
conclusive pursuant to 52D-9 of the Hawaii Revised Statutes.
FC REPORT NO. 192
Your Committee on Finance is in accord with the purpose and intent of Resolution No. 204, as
amended to Draft 2, and recommends its adoption.
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Ayea Noes A&E EX
CHUNG X Respectfully submitted
L~EITHEAD-TODD X COMMITTEE QN FINANCE
SANTANGELO X ~ ~ ` t
SMITH X ~
TYLER X AARON S.Y. CHLJNG, AIR
YAGO1vG X FC REPORT NO. 192
ARAKAHI, E.O.M. X ADOPTED: ~l~ I 1Q4f1