HomeMy WebLinkAboutRES 228 Draft 01 1998-2000 COUNTY OF HAWAII STATE OF HAWAII
RESOLUTION N0. 228 00
RESOLUTION INDEMNIFYING FROM PUNITIVE DAMAGES INDIVIDUALLY NAMED
DEFENDANTS, WHO ARE, OR WHO HAVE BEEN, EMPLOYEES OF THE COUNTY OF
HAWAII, AND AUTHORIZING THE CORPORATION COUNSEL, AND HIS AUTHORIZING
REPRESENTATIVES, TO ENTER INTO AGREEMENTS WITH THE INDIVIDUALLY
NAMED DEFENDANTS, TO REPRESENT THEM IN CIVIL ACTIONS ENTITLED ROGER
CHRISTIE V. COUNTY OF HAWAII, ET AL., CIVIL NO. 99-316 AND ERNEST AARON
ANDERSON V. COUNTY OF HAWAII, ET AL., CIVIL NO. 00-1-0065
WHEREAS, the County of Hawaii, Prosecuting Attorney Jay Kimura and former deputy
prosecuting attorney G. Kay Iopa are being sued by Roger Christie and Ernest Aaron Anderson in
Civil No. 99-316 and Civil No. 00-1-0065, and aze named as individual defendants in these
lawsuits; 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 an action
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 Hawaii finds that the acts alleged in plaintiffs'
complaints, if they occurred, were done in good faith, without actual malice, to serve the County of
Hawaii and were in the apparent best interest of the County of Hawaii; and
WHEREAS, the Council of the County of Hawaii finds that the payment of punitive
damages 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 the individually named defendants in these actions for all damages that may be assessed,
including punitive damages, so that the Corporation Counsel, and his authorized representatives,
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may represent them; and
WHEREAS, the representation by the Corporation Counsel, and his authorized
representatives, of the individually named defendants 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
HAWAII, that the individually named defendants, who are, or who have been, employees of the
. County of Hawaii, are indemnified from punitive damages, and that the Corporation Counsel, and
his authorized representatives, is authorized to enter into agreements with the individually named
defendants to represent them in the civil actions entitled Roger Christie v. County of Hawaii, et al.,
Civil No. 99 -316 and Ernest Aaron Anderson v. County of Hawaii, et al., Civil No. 00 -1 -0065.
BE IT FURTHER RESOLVED that the Mayor of the County of Hawaii is authorized to
sign the above -noted agreements on behalf of the County of Hawaii pursuant to the Hawaii County
Charter and Hawaii County Code §2 -188.
Dated: Hilo, Hawaii, April 5, 2000
INTRODUCED BY:
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COUNCIL MEMBER, COUN Y OF HAWAII
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• sc- com3:christie &anderson reso 3 -00
COUNTY COUNCIL ROLL CALL VOTE
County of Hawaii AYES NOES ABS EX
Hilo, Hawaii ARAKAKI X
CHUNG X
1 hereby certify that the foregoing RESOLUTION was by ELARIONOFF X
the vote indicated to the right hereof adopted by the COUNCIL of the JACOBSON
County of Hawaii on Apri 1 5, 7000 X
LEITHEAD -TODD • X
ATTEST: - PISICCHIO X
SMITH X
TYLER X
I X YAGONG X
5 3 1 0
COUN // �� CLERK `� AN & PRESIDING OFFICER Reference: C- 701
RESOLUTION NO. 228 00