HomeMy WebLinkAboutRES 184 Draft 01 2016-2018 •JMtY 0i N,�•.1
COUNTY OF HAWAII .i A‘-- .')',,,,%fit:* STATE OF HAWAII
+r a. ..
1TF GF x'
RESOLUTION NO. 184 17
A RESOLUTION AUTHORIZING THE EMPLOYMENT OF SPECIAL COUNSEL TO
REPRESENT THE NAMED DEFENDANT AND FORMER EMPLOYEE OF THE
COUNTY OF HAWAII,IN THE CRIMINAL ACTION STATE OF HAWAII VS. JODY
BUDDEMEYER, CR. NO. 16-1-331K.
WHEREAS, Section 6-5.5, of the Hawai`i County Charter, Special Counsel,provides
that the County Council, may approve by two-thirds vote of its entire membership the
employment of Special Counsel, for any special matter presenting a real necessity for such
employment; and
WHEREAS, on October 11, 2016, an Indictment was entered and filed in the Third
Circuit Court of the State of Hawai`i against Jody Buddemeyer, a former Hawai`i County Police
Officer for a fatal accident that occurred on March 1, 2015; and
WHEREAS, the Indictment alleged that former Police Officer Jody Buddemeyer
committed the following criminal offenses 1)Negligent Homicide in the First Degree;
2) Tempering with Physical Evidence; and 3) False Reporting to Law Enforcement Authorities;
and
WHEREAS, Hawai`i Revised Statutes Section 52D-8 provides, in relevant part, that
"[w]henever a police officer is prosecuted for a crime or sued in a civil action for acts done in the
performance of the officer's duty as a police officer, the police officer shall be represented and
defended . . . in criminal proceedings by an attorney to be employed and paid by the county in
which the officer is serving..."; and
WHEREAS, Hawai`i Revised Statutes Section 52D-9 provides in relevant part that the
determination of whether an act for which the police officer is being prosecuted was done in the
performance of the police officer's duty so as to entitle him to be represented by counsel
provided by the county shall be made by the police commission of the county; and
WHEREAS, on March 17, 2017, the Hawai`i County Police Commission determined
that former Police Officer Jody Buddemeyer was acting within the course and scope of his
employment at the time of the fatal accident which occurred on March 1, 2015; and therefore, is
entitled to have Counsel provided by the County of Hawai`i, in the pending criminal case; and
WHEREAS,the Office of the Corporation Counsel is precluded from representing
individuals in criminal matters and therefore, special counsel must be retained; now, therefore,
BE IT RESOLVED THE COUNCIL OF THE COUNTY OF HAWAII that:
1. Pursuant to County Charter, Section 6-5.5, Special Counsel, the County
Council authorizes the retention of special counsel,to represent Jody Buddemeyer in his criminal
case, CR No. 16-1-331K; and
2. The funds for the Special Counsel shall not exceed $50,000.00 plus costs.
BE IT FINALLY RESOLVED that the County Clerk shall transmit a copy of this
resolution to the Office of the Corporation Counsel and the Hawai`i County Police Department.
Dated at , Hawai`i, this day of , 2017.
INTRODUCED BY:
1‘110111e) • R
COUNCIL MEMBER, COUNTY OF HAWAII
COUNTY COUNCIL ROLL CALL VOTE
County of Hawai`i AYES NOES ABS EX
Hilo, Hawaii CHUNG
DAVID
I hereby certify that the foregoing RESOLUTION was by EOFF
the vote indicated to the right hereof adopted by the COUNCIL of the KANUHA
County of Hawai`i on
LEE LOY
O'HAB A
ATTEST: POINDEXTER
RICHARDS
RUGGLES
Reference: C-249/Waived FC
COUNTY CLERK CHAIRPERSON&PRESIDING OFFICER RESOLUTION NO. 184 1'
2