HomeMy WebLinkAboutRES 222 Draft 01 1998-2000 COUNTY OF HAWAII STATE OF HAWAII
RESOLUTION NO. ?22 ~Q
RESOLUTION INDEMNIFYING FROM PUNITIVE DAMAGES INDIVIDUALLY NAMED
DEFENDANTS, WHO ARE, OR WHO HAVE BEEN, EMPLOYEES OF THE COUNTY OF
HAWAII, AND AUTHORIZING THE CORPORATION COUNSEL, AND HIS
AUTHORIZED REPRESENTATIVES, TO ENTER INTO AGREEMENTS WITH THE
INDIVIDUALLY NAMED DEFENDANTS, TO REPRESENT THEM IN THE CIVIL
ACTION ENTITLED HAROLD U JIM V. COUNTY OF HAWAII, ET AL., CIVIL NO.
99-00196 DAE
WHEREAS, the County of Hawaii, Officer Richard Carter, Officer Scott Kurashige and
former Officer James H. Jerrold aze being sued by Harold U. Jim in Civil No. 99-00196 DAE,
and are named as individual defendants in this lawsuit; 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 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 Hawaii County Police Commission, pursuant to §§52D-8 and 52D-9,
Hawaii Revised Statutes, has found that the individually named defendant police officers, i.e.,
Officer Carter, Officer Kurashige and former Officer Jerrold, were acting in the performance of
their duties as police officers when the alleged acts stated in plaintiff s complaint occurred; and
WHEREAS, the Council of the County of Hawaii finds that the acts alleged in plaintifFs
complaint, if they occurred, were done in good faith, without actual malice, to serve the County
of Hawaii and were in the appazent 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, 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, may 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 individually named defendants, who are, or who have been, employees of the
County of Hawaii, are indemnified from punitive damages, and that the Corporation Counsel,
and his authorized representatives, is authorized to enter into agreements with the individually
named defendants to represent them in the civil action entitled Harold U. Jim v. County of
Hawaii, et al., Civil No. 99-00196 DAE.
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 Hawaii County Code, §2-188.
Dated: Hilo, Hawaii, March 10. 2000
INTRODUCED BY:
COUNCIL MEMBER, COUNTY OF AWAII
COUNTY COUNCIL ROLL CALL VOTE
County of Hawaii Aves NOES ABS EX
Hilo, Hdwall ARAKAKI X
CHUNG g
1 hereby certify that the foregoing RESOLUTION was by ELARIONOFF R
the vote indicated to the right hereof adopted by the COUNCIL of the JACOBSON
County of Hawaii on March 10 ~ 2000 R
LEITHEAD-TODD
ATTEST: PISICCHIO g
~ SMITH R
TYLER R
YAGONG R
9 0 0 0
Cd TY CLER ~ {AIRMAN & PRESIDING OFFICER Reference: C- 648.001
RESOLUTION NO. j°`'~22