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HomeMy WebLinkAboutRES 294 Draft 01 1996-1998 "'-----,--- . . COUNTY OF HAW~ rATE OF HAWAII .:'., " .'-:,".".----,_,0,... ::,::-..,..,:'.::'.....:.'......;-:::::: ..... U:",_ :',.:.,< .. ::.:::>;.::::::~{:...: RESOLUTION NO. 294.98 RESOLUTION AUTHORIZING THE CORPORATION COUNSEL, AND HIS AUTHORIZED REPRESENTATIVES, TO ENTER INTO AN AGREEMENT WITH: THE INDIVIDUALLY NAMED PARTIES, WHO ARE EMPLOYEES OF THE i COUNTY OF HAWAII, TO REPRESENT THEM IN THE CIVIL ACTION ENTITLED WESLEY P. TAILAN VS. COUNTY OF HAWA/'L MILES CHONG, ERNEST SALDUA, JOHN AND/OR JANE DOES 1-10, CIVIL NO. 98-00142 SPK WHEREAS, Police Officer Miles Chong and Detective Ernest Saldua, are being sued by Wesley P. Tailan in Civil No. 98-00142 SPK; and WHEREAS, the Hawaii County Police Commission has found that the concerned officers, i.e., Officer Chong- and Det. Salrlua were acting in the performance of their duty when the alleged acts of the complai~t 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 ..-- . . 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 b~ing adjudged is small; and WHEREAS, the Council of the County, ()fHaw~ii fin~s that the payment of , , ". ~ . .. ..,"'. " . ,I . '. ". , _ . punitive'damages serves a public'purpose because it encourages public service, minimizes , , ' , the c9sts,ofhiring a cadie 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 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 of liability by the Council of the County of Hawaii. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HA WAIl, that the Corporation CQ\lnsel, and his authorized , ' , ' , . ' representatives, is authorized to enter into an agreement with the individually named parties, who'are employees of the County of Hawaii, to carry out the purpose of this resolution, to be' executed and provided by law. -2- . ..----- . BE IT FURTHER RESOLVED that the Mayor of the County of Hawaii is authorized to sign the above-noted agreement on behalf of the County of Hawaii pursuant to.the Hawaii County Charter. Dated: Hilo, Hawaii, this lSt-h day of. reso:altailan ,11]1 Y . 199~. INTRODUCED BY: TY OF HAWAII COUNTY COUNCIL County of Hawaii Hilo, Hawaii Ihereby certify that the foregoing RESOLUTION was by the vote indicated to the right hereof adopted by the COUNCIL of the County of Hawaii on Julv 15, 1998 ATIEST: ROLL CALL VOTE AYES NOES ABS EX ARAKAKI X CHUNG y LEITHEAD- TODD X RAY X REYNOLDS X . SANTANGELO X SMITH X TYLER X YAGONG X X 7 () ? 0 Reference C - 913 RESOLUTION NO. 294.. 98