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HomeMy WebLinkAboutRES 081 Draft 01 1998-2000 COUNTY OF HA1NAt! ~-~STATE OF HAWAII RESOLUTION N0. 81 99 RESOLUTION AUTHORIZING THE CORPORATION COUNSEL, AND HIS AUTHORIZED REPRESENTATIVES, TO ENTER INTO AGREEMENTS WITH THE INDIVIDUALLY NAMED DEFENDANTS, WHO ARE EMPLOYEES OF THE COUNTY OF HAWAII, TO REPRESENT THEM IN THE CIVIL ACTION ENTITLED CHARLES RODGERS VS. COUNTY OF HAWAII, ET AL., CIVIL NO. 99-00146 SPK WHEREAS, the County of Hawaii, Chief of Police Wayne G. Carvalho, Lt. Larry Weber, Sgt. Antone Basque, Officer Julianne R. Thomas, Officer Uwao Chartrand and Officer Van Reyes aze being sued by Charles Rodgers in Civil No. 99-00146 SPK; and WHEREAS, the Hawaii County Police Commission has found that the concerned officers, i.e., Chief of Police Carvalho, Lt. Weber, Sgt. Basque, Officer Thomas, Officer Chartrand and Officer Reyes, were acting in the performance of their duty when the alleged acts of the complaint in that suit 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 an action 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 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 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 representatives, can represent them; and WHEREAS, the representation by the Corporation Counsel, and his authorized representatives, of the individually named defendants 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 agreements with the individually named defendants, who are employees 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 agreements on behalf of the County of Hawaii pursuant to the Hawaii County Charter and Ordinance No. 98-86. Dated: Hilo, Hawaii, this 5~ day of May , 1999. INTRODUCED BY: COUNCIL MEMBER, 'OUNTY OF HAWAII jkkdoc3: a/RodgersReso.wpd COUNTY COUNCIL ROLL CALL VOTE County of Hawaii AYES NOES ABS EX Hilo, Hawaii ARAKAKI [ hereby certify that the foregoing RESOLUTION was by the CHUNG X vote indicated to the right hereof adopted by999 COUNCIL of ELARIONOFF g the County of Hawaii nn Mme' S • 1 1ACOBSON LEITHEAD-TODD ATTEST: PISICCHIo X SMITH TYLER YAGONG X Reference C-225.001 COUNTY CLERK CHAIRMAN & PRESIDING OFFICER RESOLUTION NO. 81 99