HomeMy WebLinkAboutRES 347 Draft 01 2008-2010 'MVV OS
COUNTY OF HAWAII !%• STATE OF HAWAII
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RESOLUTION NO. 347 10
RESOLUTION AUTHORIZING THE CORPORATION COUNSEL, AND HIS
AUTHORIZED REPRESENTATIVES, TO ENTER INTO AN AGREEMENT WITH THE
INDIVIDUALLY NAMED PARTY, AN EMPLOYEE OF THE COUNTY OF HAWAII, TO
REPRESENT HIM IN THE CIVIL ACTION ENTITLED JOSEPHRIVERA v. STATE OF
HAWAII DEPARTMENT OF TRANSPORTATION, et al., CIVIL NO. 10 -1- 0482 -03 GWBC
WHEREAS, Hiram Keliikoa (hereinafter referred to as "Keliikoa ") is being sued in the
case entitled Joseph Rivera v. State ofHawai `i Department of Transportation, et al., Civil
No. 10 -1- 0482 -03 GWBC; and
WHEREAS, Keliikoa is being sued in his individual capacity; and
WHEREAS, the Office of the Disciplinary Counsel of the Supreme Court of the State of
Hawai`i 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 all the individual parties for all damages, including
punitive damages; and -
WHEREAS, the Council of the County of Hawai`i finds that the acts alleged in the
Complaint, if occurred, were done in good faith and the probability of punitive damages being
adjusted is small; and
WHEREAS, the Council of the County of Hawai`i finds that the payment of punitive
damages serves a public purpose because it encourages public service, minimizes the costs of
hiring a cadre of attorneys for the County of Hawai`i and Keliikoa, and assures that a plaintiff
can collect on his or her 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 defendant, that is, Keliikoa, 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 individually named party, that is,
Keliikoa, an employee of the County of Hawai`i; and
WHEREAS, the representation by the Corporation Counsel, and his authorized
representatives, of such individually named party, that is, Keliikoa, is not an admission of
liability by the Council of the County of Hawai`i.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF
HAWAII, that the Corporation Counsel, and his authorized representatives, are authorized to
enter into an agreement with the individually named party, that is, Keliikoa, an employee of the
County of Hawai`i, to carry out the purpose of this resolution, to be executed and provided by
law.
BE IT FURTHER RESOLVED that the Mayor of the County of Hawai`i is authorized to
sign the above -noted agreement on behalf of the County of Hawai`i pursuant to the Hawai`i County
Charter.
Dated at Hilo, Hawai`i, this 23rd day of June , 2010.
INTRODUCED BY:
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COUNCIL MEMBER, COUNTY OF HAWAII
COUNTY COUNCIL ROLL CALL VOTE
County of Hawai`i AYES NOES ABS EX
Hilo, Hawaii ENRIQUES X
FORD X
I hereby certify that the foregoing RESOLUTION was by GREENWELL X
the vote indicated to the right hereof adopted by the COUNCIL of HOFFMANN X
the County ofHawai`i on June 23, 2010 IKEDA X
NAEOLE - BEASON X
ATTEST: ONISHI X
YAGONG X
YOSHIMOTO X
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< � � - 1ia■ Reference: C -789.1 /Waived FC
COUNTY CLERK CHAIRPERSON & PRESIDING OFFICER RESOLUTION NO. 347 10
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