HomeMy WebLinkAboutRES 197 Draft 01 2008-2010COUNTY OF HAWAII
STATE OF HAWAII
RESOLUTioIV Ivo. 19? ~9
RESOLUTION AUTHORIZING THE CORPORATION COUNSEL, AND HIS
AUTHORIZED REPRESENTATIVES, TO ENTER INTO AN AGREEMENT WITH THE
INDIVIDUALLY NAMED PARTY, WHO WAS A FORMER EMPLOYEE OF THE
COUNTY OF HAWAII, TO REPRESENT HIM IN THE CIVIL ACTION ENTITLED
GEORGE K YOUNG, JR. v. STATE OF HAYVAI`I, et al., CIVIL NO. CV08-00540 DAE/KSC
WHEREAS, Lawrence Mahuna (hereinafter referred to as "Mahuna") is being sued in the
case entitled George K Young, Jr. v. State of Hawai `i, et al., Civil No. CV08-00540 DAE/KSC;
and
WHEREAS, Mahuna is being sued in his individual capacity; and
WHEREAS, on April 17, 2009, the Hawaii County Police Commission found whatever
involvement Mahuna might have had in this matter was also done in the performance of his duty
as a police officer, that is, as the former Chief of Police, 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 Mahuna, 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, Mahuna, 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,
Mahuna, who was a former employee of the County of Hawaii; and
O
O
WHEREAS, the representation by the Corporation Counsel, and his authorized
representatives, of such individually named party, that is, Mahuna, 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, Mahuna, who was a former
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 ~a.Hawai`i, this 16th day of June , 2009.
INT DUCED BY\:
COUNCIL MEMBER,I~~UQ`~~`Y CbF 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 Hawaii on June 16, 2009
ATTEST:
ROLL CALL
AYES NOES ABS EX
ENRIQUES X
FORD X
GREEN W ELL X
HOFFMANN X
IKEDA X
NAEOLE X
ONISHI X
YAGONG X
YOSHIMOTO X
8 0 1 0
f/~ ~
`~ ~~ Reference: C-394/Waived FC
COUNTY CLERK CHAIRPERSON & PRESIDING OFFICER RESOLUTION NO. 1.9~ ®9