HomeMy WebLinkAboutRES 248 Draft 01 1996-1998
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OFFICE INFORMATION ONLY
Meeting:
April 1, 1998 - Hawaii County Council
Action:
Close file
Re:
Res. 248jC-637.03
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COUNTY OF HAW~I'.iSh"ATE OF HAWAII
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RESOLUTION NO. 24898
RESOLUTION AUTHORIZING THE CORPORA TION COUNSEL, AND HIS
AUTHORIZED REPRESENTATIVES, TO ENTER INTO AN AGREEMENT WITH
THE INDIVIDUALLY NAMED DEFENDANTS, PARTIES, WHO ARE OFFICIALS
AND EMPLOYEES OF THE COUNTY OF HAWAII, TO REPRESENT THEM IN
THE CIVIL ACTION ENTITLED HENRY A. ROSS VS. COUNTY qF HA WAIl, ET AI.,
CIVIL NO. 97-452 .
WHEREAS, the County of Hawaii, Mayor Stephen K. Yamashiro,. Chief of Police
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Wayne G. Carvalho, Police Officer StevenS. Clark, Police Officer Joseph T, Lally,
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Police Lt. Henry W. Hicknlan,'Police Officer Joseph Kealoha, Police Officer Alan M.
Kimura, Prosecutor Jay Kimura, Deputy Prosecuting Attorney William Smith and Deputy
Prosecuting Attorney Janet Garcia are being sued by Henry A. Ross in Civil No. 97-452;
and
WHEREAS, the Hawaii County Police Commission has found that the concerned
officers, i.e., Chief of Police Carvalho, Officer Clark, Officer Lally, Lt. Hickman, Officer
Kealoha and Officer Kimura, were acting in the performance of their duty when the
alleged acts of the complaint in that suit occ1,lrred; and
WHEREAS, the Council of the County of Hawaii finds that whatever involvement
Mayor Yamashiro, Prosecutor Kimura, Deputy Prosecuting Attorney Smith and Deputy
Prosecuting Attorney Garcia might have in this matter were also done in the scope of
their employment; and
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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 adjudged 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 by the County of Hawaii and assures that a
plaintiff can collect on his 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 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 all the named parties who are
officials and employees of the County of Hawaii; and
WHEREAS, the representation by the Corporation Counsel, and his authorized
representatives, of such individually named parties is not an admission ofliability by the
Council of the County of Hawaii.
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NOW, THEREFORE, BElT 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 the individually named
parties, who are officials and employees of the County of Hawaii, to carry out the purpose
of this resolution, to be executed and provided bylaw. .
BE IT FURTHER RESOLVED that the Mayor of the County of Hawaii and
Chairman oftheCounty Council, arid their authorized representatives, are authorized to..
sign the above-noted agreement on behalfofthe County of Hawaii pursuant to the Hawaii
County Charter.
Dated: Hilo, Hawaii, this _ day of
, 1998.
. ..m1. ..' ....R.O.D. ueED BY:
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COUNCILMEMBE
reso2.jkk
COUNTY COUNCIL
County of Hawaii
Hilo, Hawaii
ROLL CALL VOTE
I hereby certify that the foregoing RESOLUTION was by the
vote indicated to the right hereof adopted by the COUNCR. Of the
County of Hawaii on
. AYES NOES ADS EX
. ARAKAKI
CHUNG
LElTIlEAD-TODD
RAY
REYNOLDS
SANTANGELO
SMITH
~LER .
YAGONG
Reference C-637. 03
AITEST:
COUNTY CLERK
CHAIRMAN & PRESIDING om~~!l RESOLUTION NO.
248 98
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