HomeMy WebLinkAboutRES 261 Draft 01 1996-1998
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OFFICE INFORMATION ONLY
Meeting:
Hawaii County Council - June 1, 1998
Action:
Close file
Re:
Res. 261-98/C-81S/FC-241
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COUNTY OFHAWA ..SrATE OF HAWAII
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RESOLUTION NO. .261 98.
. RESOLUTION AUTHORIZING THE CORPORATION COUNSEL, AND HIS AUTHORIZED
REPRESENTATIVES, TO ENTER INTO ~ AGREEMENT WITH THE INDIVIDUALLY
NAMED DEFENDANTS, PARTIES, WHO' ARE POLICE OFFICERS EMPLOYED BY THE
COUNTY OF HAW All, TO REPRESENT THEM IN THE CIVIL ACTION ENTITLED
GISELA KRAMER-COLEMAN VS. DETECTIVE SERGEANT DARRELL HUSTON AND
OFFICER MARSHAL KANEHAILUA, CIVIL NO.98;.00028DAE
WHEREAS, Sgt. DarrellHuston, and Officer Marshal Kanehailua, employed by the
Hawaii County Police Department, are named as party defendants in United St~tes District Court
Civil No. 98-00028DAE; and
WHEREAS, the Hawaii County Police Commission has found.that the officers were
acting in the performance of their duty when the alleged acts of the complaint in that suit
occurred; and
WHEREAS, the County Council of the County of Hawaii finds that the acts alleged in
the complaint, if occurred, were done in good faith, that the officers were in the line of duty, and
that the probability of punitive damages beingadjudged is small; and
WHEREAS, the officers have represented to the Corporation Counsel ~hat the acts as
alleged in the complaint were in good faith, and without ulterior motive; and
WHEREAS, the County Council for the County of Hawaii has reviewed Hawaii Police
Department Incident Report No. F-22038, dated March 19, 1997; 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 potentialcontlicts involved or unless the
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governmental entity agrees to indemnitY all the individual. parties for all damages, including
punitive damages~ 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 private attorneys in defense of each officer by the County of Hawaii, and .assures that a
plaintiff can collect on his judgment, if any~ and
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WHEREAS, the council.ofthe Courity of Ha\Vaii 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 the two named parties who.are police officers for the
County()fHawaii~ and
WHEREAS, the representation by the Corporation Counsel, and his authorized
representatives, of such individually named parties .is,not an admission of liability by the Council
of the County of Hawaii.
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NOW, THEREFORE, BElT RESOLvED BY THE COUNCIL OF THE COUNTY OF
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HAWAII, thafthe'Corporatioh Counsel, and his authorized representatives, is authorized to enter
into, a~ agreement with the individually nall1ed parties, who are police officers employed by the
provided by law.
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BElT FURTHER RESOLVED that the Mayor ofthe County of Hawaii isauthoriied to
sign the above-noted agreement on behalf of the County of Hawaii pursuant to the Hawaii
County Charter.
Dated: Hilo, Hawaii, ,the
day of
. 1998.
INTRODUCED BY:
TY OF HAW AIl
MBD2:kramreso\pc
'3
, COUNTY COUNCIL
County of Hawaii
Hllo, Hawaii
ROLL CALL VOTE
AYES NOES ' ADS EX
ARAKAKI.
CHUNG ,
LEITBEAD-TODD
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RAY '.
REYNOLDS . .
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I SANTANGELO ,
.SMITH . .'
TYLER .
YAGONG ,
Reference C-Bll:) IFC
I hereby certify that the foregoing RESOLU110N was by the
vote indicated to the right hereof adopted by the COUNCIL of the
County of Hawaii on
ATTEST:
COUNTY CLERK
CHAIRMAN & PRESIDING OFFICER RESOLUTION NO.