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HomeMy WebLinkAboutRES 341 Draft 01 1996-1998 i' .,", .- .,. . , _,-'-n. " COUNTY OF HAWAI '.", - '::-"'-", . .-'."""'. . .. ,:,;,-:, . srATE OF HAWAII RESOLUTION NO. 341c)99 RESOLUTION AUTHORIZING THE CORPORATION COUNSEL, AND HIS AUTHORIZED REPRESENTATIVES, TO ENTER INTO AN AGREEMENT WITH THE INDIVIDUALLY NAMED PARTY, WHO IS AN EMPLOYEE OF THE COUNTY OF HAWAII, TO REPRESENT HIM IN THE CIVIL ACTION ENTITLED ROSELINE PAWAI VS. JOHN M PAGAY, COUNTY OF HAWAILJOHN AND/OR JANE DOES1-JO, CIVIL NO. 98-00652 DAE WHEREAS, Police Officer John M.Pagay is being sued by Roseline Pawai in Civil No. 98-00652 DAE; and WHEREAS, the Hawaii County Police Commission has found that Officer Pagay , , . . was acting in the performance of his duty when the acts alleged in'the complaint. occurred; and WHEREAS, the Office of the D~sciplinary Counsel of the Supreme Court of the State of Hawaii has rendered an 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 payment of punitive damages, if any, would be in 'the best interests of the County of Hawaii; and WHEREAS, the Council of the County of Hawaii further finds that it is in the public interest to indemnify Officer Pagay in this action for all damages that may be . .' ,assessed, incluping punitive damag~s, so that the Corporation Counsel, and his authorized ..-,. .. . representatives, canrepres~nt Officer Pagay; and . -~----------~-~----- WHEREAS, the ,representation by the. Corporation Counsel,. and.his' authorized' representatives, of Officer Pagay is not an admission ofliability by the Council. of the County of Hawaii. NOW, THEREFORE, BE IT RESOLVED BY THE. COUNCIL OF THE COUNTY OF HAWAII, that the Corporation Counsel, and his authorized . . representatives,.is authorized to enter into'anagteernentwith Officer Pagay, who is an employee of the County of Hawaii, to carry out the purPose of this resolution, to be .. executed and provided by law. Dated: Hilo, Hawaii, this 18thdayof November , 199~. I I I I I I I I I I I I I I I I I I I I 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. reso:a/pawai. wpd COUNTY COUNCIL County of Hawaii Hilo, Hawaii 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 Novanber 18, 1998 ATTEST: COUNTY CLERK CHAIRMAN & PRESIDING OFFICER TY OF HAWAII ROLLCALL VOTE AYES NOES ABS EX ARAKAKI X CHUNG X LEITHEAD-mDD X RAY X REYNOLDS X SANTANGELO X SMITH X TYLER X . YAGONG X 8 '0 1 0 Reference C-995.01 341 98 RESOLUTION NO.