HomeMy WebLinkAboutREP FC 191 01/06/1998 1996-1998 REPORT OF THE
COMMITTEE ON FINANCE
DATE: January 6, 1998 Re: Comm. No. 637/Res. No. 203
PLACE: Councilroom
TIIvIE: 11:00 A.M.
Chair and Members
Hawaii County Council
Hilo, Hawaii 96720
Your Committee on Finance.. to which was referred Resolution No. 203, reports as follows:
Resolution No. 203, transmitted jointly with Resolution No. 204 by Corporation Counsel
Richard 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 defendants who are officials and employees of the County of Hawaii, to
represent them in the civil action entitled Henry Ross vs. County of Hawaii, et al., Civil No. 97-
452.
Mr. Henry A. Ross in Civil No. 97-452 is suing the County of Hawaii, Mayor Stephen K.
Yamashiro, Chief of Police Wayne G. Carvalho, Police Officer Steven S. Clark, Police Officer
Joseph T. Lally, Police Lt. Henry W. Hickman, Police Officer Joseph Kealoha, Police Officer
Alan M. Kimura, Prosecutor Jay Kimura, Deputy Prosecuting Attorney William Smith and
Deputy Prosecuting Attorney Janet Garcia, who are officials and employees of the County of
Hawaii.
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 the individually named defendants whereby the
County will indemnify said parties 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 employees who are co-defendants 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.
FC REPORT NO. 191
Resolution No. 203 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 aze deemed
conclusive pursuant to 52D-9 of the Hawaii Revised Statutes.
Your Committee on Finance is in accord with the purpose and intent of Resolution No. 203, as
amended to Draft 2, and recommends its adoption.
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Ayes Nnes A&E EX
Respectfully submitted
CHUNG X
LEITHEAD-TODD X C TTEE ON FINANCE
RAY X ~
5ANITANGELO X ~ , ~ ~ ~
SMITH X
TYLER X AARON S.Y. CHUNG, HAIR
YAGONG X FC REPORT 191
ARAKAKI,E.o.M. x ADOPTED: ~hA~~