HomeMy WebLinkAboutRES 270 Draft 01 1996-1998
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'. COUNTY OF HAWAI...t{SlfATE OF HAWAII
RESOLUTION NO.
. RESOLUTION AUTHORIZING THE CORPORATION COUNSEL, AND HIS
AUTHORIZED REPRESENTATIVES, TO ENTER INTO AN AGREEMENT WITH
THE INDIVIDUALLY NAMED PARTIES, WHO ARE EMPLOYEES OF THE
COUNTY OF HAWAII, TO REPRESENT THEM IN THE CIVIL ACTION ENTITLED
GEORGE KENNETH KAWAIHO'OLANA HOOK VS. EDWIN O.AKANA, JR., ET AL.,
CIVIL NO. 98-60
. . . WHEREAS, PoH~e6fficerPaurBugado, Police officer Dustin Kealoha
Ballesteros'and'Sgt.,Delphine Soares, are being sued by George Kenneth kawaiho'olana
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Hook in rivil No. 98-60; and
WHEREAS, the Hawaii County .Police Commission has found that the concerned
officers, i.e., Officer Bugado, Officer Ballesteros and Sgt. Soares 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 actions is improper unless those parties waive the potential conflicts
involved or unless the governmental entity agrees to indemnify the individual parties for
all damages, including punitive damages; and
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WHEREAS, the Council of the County of Hawaii finds thatthe acts alleged ih the
complaint, if they occurred, were in good faith and the probability of punitive damages
being adjudged is remote; 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
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the costs of hiring a cadre of attorneys by the~ountyofHawaiiandassures that a
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plaintiff can collect on his judgment, if any; and.
WHEREAS, the Council. of the. C9unty of Hawaii further finds that for these
, reasons, it is in the public interest to indemnify the individually named defendants in this
action forall damages that may be assessed, including punitive damages, sothat the
Corporation Counsel, and his authorized representatives, can represent all the named
parties who are employees of the;, County ,of Hawaii; and
WHEREAS, 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, BE IT RESOLVED BY THE COUNCIL OF THE
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COUNTY OF HAWAII, that theCorporatioIl Counsel, and his authorized
representatives, is authorized to enter into an agreement with the individually named
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parties, who are employees of the County of Hawaii, to carry out the purpose of this
resolution, to be executed and provided by law. ,
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BE IT FURTHER RESOLVED thattl1eMaY()f()ftheCounty of Hawaii is
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authorized to signth~ above-noted agreelllent onbehalfofthe County of Hawaii purSuant
to the Hawaii County Charter.
Dated:. Hilo, Hawaii, this 1st daY'of
June
1998 ~
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INTRODUCED BY:
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COUNTY COUNCIL
. County o! Hawaii
Hilo,Hawaii
.' ROLl.; CALL VOTE
A TrEST:
. AYES NOES ADS. EX
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ARAKAKI , X
. CHUNG '. X
LElTBEAD-TOJ)D X G .
RAY X .,
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. REYNOLDS 'X
SANTANGELO X .
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SMITH . X
TYLER X '.
YAGONG X ..'
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f hereby certify that, theforegOirlg RESOLUTION was by 'the
. vote indieated to the right hereof adopted by the COUNCIJ.ofthe
County ofHawaiion June 1, 1998 .
A~
COUNTY CLERK'
C-816.01
RESOLUTION N~.
270 98
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