HomeMy WebLinkAboutRES 030 Draft 01 1998-2000 6~-A
COUNTY OF HAWAII STATE OF HAWAII
RESOLUTION N0. ~0 99
RESOLUTION AUTHORIZING THE CORPORATION COUNSEL, AND HIS
AUTHORIZED REPRESENTATNES, TO ENTER INTO AN AGREEMENT WITH
THE INDNIDUALLY NAMED PARTY, WHO IS AN EMPLOYEE OF THE
COUNTY OF HAWAII, TO REPRESENT HIM IN THE CNIL ACTIONS ENTITLED
HAROLYNPAVAO, ET AL. VS. JOHNPAGAY, ETAL., CIVIL NO. 98-517 (STATE)
AND HAROLYN PAVAO, ET AL. YS. JOHN PAGAY, ET AL., CIVIL NO. 98-00856 DAE
(FEDERAL)
WHEREAS, Police Officer John M. Pagay is being sued by Harolyn Pavao, who is
the surviving widow and as Special Administratrix of the Estate of Jon Webster Pavao, in
Civil No. 98-00856 DAE; and
WHEREAS, Officer Pagay is being sued by Harolyn Pavao, individually and as
Special Administratrix of the Estate of Jon Webster Pavao and Guardian Ad Litem for
Sharina P. J. Pavao, a minor, and Linda Sadino, individually and as Guardian Ad Litem
for Michelle Segovia, a minor, in Civil No. 98-517; and
WHEREAS, the Hawaii County Police Commission has found that Officer Pagay
was acting in the performance of his duty when the acts alleged in the complaints in those -
suits 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
complaints, if they occurred, were done in good faith, without actual malice, to serve the
County of Hawaii and in the apparent best interests of the County of Hawaii; and
WHEREAS, the Council of the County of Hawaii finds that the payment of
punitive damages would be in the best interests of the County of Hawaii; and
WHEREAS, the Council of the County of Hawaii further finds that it is in the
public interest to indemnify Officer Pagay in these actions for all damages that may be
assessed, including punitive damages, so that the Corporation Counsel, and his authorized
representatives, can represent Officer Pagay; and
WHEREAS, the representation by the Corporation Counsel, and his authorized
representatives, of Officer Pagay 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 Officer Pagay, 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 and Ordinance No. 98-86.
Dated: Hilo, Hawaii, this 3zd day of Febnaarv , 1999.
INTRODUCED BY:
COUNCIL MEMBER, CO TY OF HAWAII
7KKdoc2:a/I-Ipavaoresolution.wpd
COUNTY COUNCIL ROLL CALL VOTE
County of Hawaii AYES NOES ABS EX
Hilo, Hawaii ARAKAICI g
CHUNG X _
I hereby certify that the foregoing RESOLUTION was by ELARIONOFF X
the vote indicated to the right hereof adopted by the COUNCIL of the JACOBSON
County of Hawaii on FebxtlaiY 3, 1999
LEITHEAD-TODD
ATTEST: PISICCHIO g
SMITH 7{
TYLER
YAGONG g
:`i 9 0 0 0
COUNTY CLERK CHAIRMAN & PRESIDING OFFICER Reference: C-121 (t n
RESOLUTION NO. 3 O •7 J