HomeMy WebLinkAboutRES 249 Draft 01 1996-1998
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OFFICE INFORMATION ONLY
Meeting:
Hawaii County Council - April 1, 1998
Action:
Close file
Re:
Res. 249-98jC-637.03
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srATE OF HAWAII
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RESOLUTION NO.
249 98
RESOLUTION AUTHORIZING THE CORPORATION COUNSEL, AND HIS
AUTHORIZED REPRESENTATIVES, TO ENTER INTO AN AGREEMENT WITH.
THE INDIVIDUALLY NAMED DEFENDANT, WHO IS AN EMPLOYEE OF THE
COUNTY OF HAWAII, TO REPRESENT HIM IN THE CIVIL ACTION ENTITLED
DEAN E. BEAUMONT Vs. RICHARD CARTER, JR.,ETAL., CIVIL NO. 97-187K
WHEREAS, the County of Hawaii and Police Officer Richard Carter, Jr., are
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being sued by Dean E. Beaumont in Civil No. 97-187K; and
WHEREAS, the Hawaii County Police Commission has found that the concerned
officer, Le., Officer Carter, was acting in the performance of his duty when the alleged
acts complained of in that lawsuit 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 toindemnify the individual party for all
damages, including punitive damages; and
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WHEREAS, the Council of the County of Hawaii finds that the acts alleged in the
.complaint, if they occurred, were done in. good faith and the probability of punitive
damages being awarded 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 collection of
a judgment, if any, by a plaintiff; 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 in the
above-mentioned lawsuit; and
WHEREAS, the representation by the Corporation Counsel, and his authorized
representatives, of such individually named party 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, thatthe Corporation Counsel, and his authorized
representatives, is authorized to enter into an agreement with the individually named
pa,.rt)', who is an employee ofthe County of Hawaii, to carry out the purpose ofthis
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resolution, to be executed and provided by law.
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BE IT FURTHER RESOLVED that the Mayor oftheCounty of Hawaii and
Chairman of the County Council, and their authorized representatives, are authorized to
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sign the above-noted agreement on behalf of the County of Hawaii pursuant to the Hawaii
County Charter.
Dated: Hilo, Hawaii, this
day of
, 199_.
INTRODUCED BY:
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Y OF HAWAII
JKK:reso l/pc
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 COUNCIL of the
County of Hawaii on
, AYES NOES ADS EX
ARAKAKI
,
CHUNG ,
LEITBEAD-TODD
RAY
REYNOLDS
SANTANGELO "
SMITH
l'YLER
YAGONG
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ATTEST:
Reference C-637. 03
COUNTY CLERK.
CHAIRMAN & PRESID,ING OmCER RESOLUTION NO.
249 9..8
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