HomeMy WebLinkAboutRES 060 Draft 01 2008-2010COUNTY OF HAWAII
RESOLUTION NO.
STATE OF HAWAII
6~ ®9
RESOLUTION AUTHORIZING THE CORPORATION COUNSEL, AND HIS
AUTHORIZED REPRESENTATIVES, TO ENTER INTO AN AGREEMENT WITH THE
INDIVIDUALLY NAMED PARTY, WHO IS AN EMPLOYEE OF THE COUNTY OF
HAWAII, TO REPRESENT HIM IN THE CIVIL ACTION ENTITLED GLENNSCHMEDES
vs. KELLYMONIZ, ETAL., CIVIL NO. CV08-00331 DAE/LEK
WHEREAS, Kelly Moniz (hereinafter referred to as "Officer Moniz") is being sued in
the case entitled Glenn Schmedes vs. Kelly Moniz, et al., Civil No. CV08-00331; and
WHEREAS, Officer Moniz is being sued in his individual capacity; and
WHEREAS, on November 20, 2008, the Hawaii County Police Commission found
whatever involvement Officer Moniz might have had in this matter was also done in the
performance of his duty as a police officer, 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 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 all the individual parties for all damages, including
punitive damages; and
WHEREAS, the Council of the County of Hawaii finds that the acts alleged in the
Complaint, if occurred, were done in good faith and the probability of punitive damages being
adjusted 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 for the County of Hawaii and Officer Moniz, and assures that a
plaintiff can collect on his or her judgment, if any; 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 defendant, that is, Officer Moniz, 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 individually named
party, that is, Officer Moniz, who is an employee of the County of Hawaii; and
WHEREAS, the representation by the Corporation Counsel, and his authorized
representatives, of such individually named party, that is, Officer Moniz, 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, are authorized to
enter into an agreement with the individually named party, that is, Officer Moniz, who is an
employee of the County of Hawaii, 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 of Hawaii is authorized to
sign the above-noted agreement on behalf of the County of Hawaii pursuant to the Hawaii County
Charter.
Dated at Hilo, Hawaii, this 3rd day of March , 2009.
INTRODUCE Y:
_ ~ (~
COUNCIL MEMBER, COUNTY OF HAWAII
COUNTY COUNCI
County of Hawaii
Hilo, Hawaii
1 hereby certify that the foregoing RESOLUTION was by
the vote indicated to [he right hereof adopted by the COUNCIL of
the County ofHawai`ion March 3, 2009
ATTEST:
~~~ ~~
COUNTY CLERK CHAIRPERSON & PRESIDING OFFICER
ROLL CALL VOTE
AYES NOES ABS EX
ENRIQUES X
FORD }{
GREENWELL
IiOFFMANN
IKEDA X
NAEOLE
ONISHI
YAGONG X
YOSHIMOTO X
8 0 1 0
Reference:
RESOLUTION NO
C-178/Waived FC
6® 09