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HomeMy WebLinkAboutRES 204 Draft 01 1996-1998 . . COUNTY OF HAWAII STATE OF HAWAII RESOLUTION NO. 204 98 RESOLUTION AUTHORIZING 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 AL., CIVIL NO. 97-187K WHEREAS, the County of Hawaii and Police Officer Richard Carter, Jr., are being sued by Dean E. Beaumont in Civil No. 97-187K; and WHEREAS, the Hawaii County Police Commission has found that the concerned officer, i.e., Officer Carter, was acting in the performance of his duty when the alleged acts complained of in that lawsuit occurred; and WHEREAS, the Council of the County of Hawaii concurs with the fmding by the Hawaii County Police Commission; and WHEREAS, the Office of the Disciplinary Counsel of the Supreme Court of the State of Hawaii has rendered the opinion that representation by 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 the individual party for all damages, including punitive damages; and . . WHEREAS, the Council of the County of Hawaii fmds that the acts alleged in the complaint, if they occurred, were done in good faith and the probability of punitive damages being awarded is small; and WHEREAS, the Council of the County of Hawaii fmds that the payment of punitive damages serves a public purpose because it encourages public service, minimizes the costs of hiring a cadre of attorneys by the County of Hawaii and assures collection of a judgment, if any, by a plaintiff; and WHEREAS, the Council of the County of Hawaii further fmds that for this reason, it is in the public interest to indemnify the individually named defendants in this action for all damages that may be ~ssess~d, includin~ punitive damages, so that the Corporation Counsel, and his authorized representatives, can represent all the named parties in the , - above-mentioned lawsuit; an4 WHEREAS, the representation by the Corporation Counsel, and his authorized representatives, of such individually named party 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, is authorized to enter into an agreement with the individually named party, who is an employee of the County of Hawaii, to cany out the purpose of this resolution, to be executed and provided by law. 2 . . . . . 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 the Hawaii County Charter. Dated: Hilo, Hawaii, this day of , 199_. INTRODUCED BY: CJot COUNCIL M JKK:reso 1/pc COUNTY COUNCIL County of Hawaii Hilo, Hawaii ROLL CALL VOTE I hereby certify that the foregoing RESOLUTION was by the vote indicated to the right hereof adopted by the COUNCIL of the County of Hawaii on AYES NOES ADS EX ARAKAKI CHUNG LEITHEAD- TODD RAY REYNOLDS SANTANGEW SMITH TYLER YAGONG ArrEST: Reference C-637/FC 204:98' COUNTY CLERK CHAIRMAN & PRESIDING OFFICER RESOLUTION NO.