HomeMy WebLinkAboutORD 1998-086 1996-1998•
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COUNTY OF HAWAI T:• STATE OF HAWAII
BILL NO. 265
ORDINANCE NO. 98 86
A BILL FOR AN ORDINANCE AMENDING CHAPTER 2', HAWAII COUNTY CODE 1983,
(1995 EDITION), BY ADDING A NEW ARTICLE RELATING TO CLAIMS AND ACTIONS
AGAINST COUNTY OFFICERS, EMPLOYEES AND FORMER EMPLOYEES.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF-HAWAIL
SECTION 1. Purpose. The county council finds that present law is not clear on the
question of the discretion of the county to pay damages, including punitive damages, which
might be adjudged against employees, acting in good faith and in the course and scope of their
employment. Because of the possibility that punitive damages might be assessed, the county has
been compelled to retain private counsel for employees named in lawsuits, to avoid conflicts. of
interest. In many cases, this has resulted in expenditures for legal fees, which far outweigh the
magnitude of the case itself.,
This measure would make clear that the council has the authority to indemnify employees
for acts done in the course and scope of their employment, in good faith, when it is in the best
interest of the County to do so.
SECTION 2. Chapter 2, Hawaii County Code 1983 (1995 Edition), is amended by
adding a new article to read as follows:
"Article
CLAIMS AND ACTIONS AGAINST COUNTY OFFICERS,
EMPLOYEES AND FORMER EMPLOYEES
Section 2- . Defense by the county; punitive damages. (a) Notwithstanding any
other provision of law, if a civil complaint is filed against an officer, employee or former
employee and exemplary or punitive damages are requested, the county is authorized to pay that
part of a judgment that is for punitive or exemplary damages upon adoption of a resolution by the
council, which finds all of the following:
(1) The act or omission of the officer, employee or former employee was done within
the course and scope of his or her employment as an employee of the county,
unless that determination has already been made pursuant to state law.
(2) At the time of the act giving rise to the liability, the action or failure to act of the
officer, employee or former employee was in good faith, without actual malice, to
serve the county and in the apparent best interests of the county.
(3) Payment of the claim or judgment would be in the best interests of the county.
(4) It is in the public interest to indemnify the officer, employee or former employee
for all damages that may be assessed, including punitive damages, so that the
corporation counsel may represent such named officer, employee or former
employee.
(b) Representation by the corporation counsel of such officer, employee or former
employee is not an admission of liability by the council of the County of Hawaii.
2
(c) Nothing in this article shall affect any code or judicially -established decree
prohibiting the award.of punitive damages against the county nor shall it be construed as a
waiver of any immunity the county might possess, including a waiver of the county's immunity
from liability for punitive damages under Section 1981, 1983, or 1985 of Title 42 of the United
States Code."
SECTION 3. Severability. If any provision of this ordinance, or the application thereof
to any person or circumstance, is held invalid, such invalidity shall not affect other provisions or
applications of the ordinance which can be given effect without the invalid provision or
application, and to this end, the provisions of this ordinance are declared to be severable.
SECTION 4. This ordinance shall take effect upon its adoption.
REFERENCE. Comm.. 894
Hilo, Hawaii
Date of Introduction:
Date of 1 st Reading:
Date of 2nd Reading:
Effective Date:
July 15, 1998
July 15, 1998
August 1998
August 12, 1998
INTRODUCED BY:
COUNCIL MEMBER, C TY OF HAWAII
3
OFFICE OF THE COUNTY CLERK
County of Hawaii
Hilo , Hawaii
Introduced By:
Aaron S.Y. Chung
Date Introduced:
July 15, 1998
First Reading:
July 15, 1998
Published:
July 23, 1998
REMARKS:
ROLL CALL VOTE
AYES NOES ABS EX
AYES NOES
ABS EX
Arakaki
X
Leithead-Todd
Chung
X
X
Leithead-Todd
X
Santangelo
Ray
X
X
Reynolds
X
Yagong
Santangelo
X
9 0 0 0
Smith
Second Reading:
To Mayor:
Returned:
Effective:
Published:
REMARKS:
August
August
August
August
Tyler
5,
5,
12,
1
1998
1998
1998
1998
Yagong
X
7 0
2 0
0
RECEIVED
Date— - — -----------
County
------ County Council
I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council and published as
indicated above. APPROVED AS TO
RM AND LEGALI v-
DEPUTY CORPORATIO COUNSEL
COUNTY OF HAWAII
Date
Approved ppro this day
Of .19
-AV- �J,
eOR,COU
TY OF HAWAII
COUNTY CLERK
Bill No.: 265
Reference: C-894/FC-256
Ord. No.: 86
ROLL CALL VOTE
AYES NOES ABS EX
AYES NOES
ABS EX
Arakaki
X
Leithead-Todd
Chung
X
X
Leithead-Todd
X
Santangelo
Ray
X
X
Reynolds
X
Yagong
Santangelo
X
9 0 0 0
Smith
X
Tyler
X
Yagong
X
7 0
2 0
I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council and published as
indicated above. APPROVED AS TO
RM AND LEGALI v-
DEPUTY CORPORATIO COUNSEL
COUNTY OF HAWAII
Date
Approved ppro this day
Of .19
-AV- �J,
eOR,COU
TY OF HAWAII
COUNTY CLERK
Bill No.: 265
Reference: C-894/FC-256
Ord. No.: 86
ROLL CALL VOTE
AYES NOES ABS EX
Arakaki
X
Chung
X
Leithead-Todd
x
Ray
X
Reynolds
x
Santangelo
X
Smith
X
Tyler
X
Yagong
X
9 0 0 0
I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council and published as
indicated above. APPROVED AS TO
RM AND LEGALI v-
DEPUTY CORPORATIO COUNSEL
COUNTY OF HAWAII
Date
Approved ppro this day
Of .19
-AV- �J,
eOR,COU
TY OF HAWAII
COUNTY CLERK
Bill No.: 265
Reference: C-894/FC-256
Ord. No.: 86