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HomeMy WebLinkAboutRES 204 Draft 02 1996-1998 . . *-- COUNTY OF HAWAII STATE OF HAWAII RESOLUTION NO. 20498 (DRAFT 2) RESOLUTION AUTHORIZING THE CORPORATION COUNSEL, AND HIS AUTHORIZED REPRESENTATIVES, TO ENTER INTO AN AGREEMENT WITH f' THE INDIVIDUA~L Y 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. 97-1 87K; 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 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 finds 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 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 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 finds 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 assessed, including punitive damages, so that the Corporation Counsel, and his authorized representativ~s, can represent all the named parties in the above-mentioned lawsuit; and WHEREAS, the representation by the Corporation Counsel, and his authorized representatives, Qf 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 carry 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 16th day of Janua:rv , 199~. INTRODUCED BY: JKK:reso lIpc ---6( r TY OF HAWAII COUNTY COUNCIL County of Hawaii Hilo, Hawaii I hereby certify that the foregoing RESOLUTION was by the vote indicated to the right hereof adopted by the COUNCIL of the County of Bawall on January 16, 1998 AITEST: ROLL CALL VOTE AYES NOES ADS EX ARAKAKI X CHUNG X LEITHEAD-TODD X RAY X REYNOLDS X SANTANGEW X SMITH X TYLER X YAGONG X 6 3 0 0 .&.~, dJ COUNTY CLERK Reference C-637 .020~ CHAIRMAN & PRESIDING OFFICER RESOLUTION NO. ~>. (DRAFT 2)