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<br />i' <br /> <br />.,", <br /> <br />.- <br /> <br />.,. <br /> <br />. <br /> <br />, _,-'-n. " <br /> <br />COUNTY OF HAWAI <br /> <br />'.", - <br />'::-"'-", . <br />.-'."""'. . <br />.. ,:,;,-:, . <br /> <br />srATE OF HAWAII <br /> <br /> <br />RESOLUTION NO. <br /> <br />341c)99 <br /> <br />RESOLUTION AUTHORIZING THE CORPORATION COUNSEL, AND HIS <br />AUTHORIZED REPRESENTATIVES, TO ENTER INTO AN AGREEMENT WITH <br />THE INDIVIDUALLY NAMED PARTY, WHO IS AN EMPLOYEE OF THE <br />COUNTY OF HAWAII, TO REPRESENT HIM IN THE CIVIL ACTION ENTITLED <br />ROSELINE PAWAI VS. JOHN M PAGAY, COUNTY OF HAWAILJOHN AND/OR <br />JANE DOES1-JO, CIVIL NO. 98-00652 DAE <br /> <br />WHEREAS, Police Officer John M.Pagay is being sued by Roseline Pawai in <br /> <br />Civil No. 98-00652 DAE; and <br /> <br />WHEREAS, the Hawaii County Police Commission has found that Officer Pagay <br /> <br />, , <br />. . <br />was acting in the performance of his duty when the acts alleged in'the complaint. <br /> <br />occurred; and <br /> <br />WHEREAS, the Office of the D~sciplinary Counsel of the Supreme Court of the <br /> <br />State of Hawaii has rendered an opinion that representation by one attorney of multiple <br /> <br />parties in such actions is improper unless those parties waive the potential conflicts <br /> <br />involved or unless the governmental entity agrees to indemnify the individual parties for <br /> <br />all damages, including punitive damages; and ' <br /> <br />WHEREAS, the Council of the County of Hawaii finds that the payment of <br /> <br />punitive damages, if any, would be in 'the best interests of the County of Hawaii; and <br /> <br />WHEREAS, the Council of the County of Hawaii further finds that it is in the <br /> <br />public interest to indemnify Officer Pagay in this action for all damages that may be <br /> <br />. .' ,assessed, incluping punitive damag~s, so that the Corporation Counsel, and his authorized <br />