HomeMy WebLinkAboutREP FC 214 09/17/1986 1984-1988 OFFICE INFORMATION ONLY
Meeting: September 17, 1986
Ado tion of FC Report 214 was DEFEATEDthe following
p p by
roll call vote:
AYES: 3 - Councilmembers De Luz, Kokubun & Schutte.
NOES : 6 - Councilmembers Dahlberg, Domingo, Herkes ,
Jitchaku-Inouye, Lai & Chr. Yamashiro.
Re:
'
41,
REPORT OF THE
COMMITTEE ON FINANCE
Date: August 26 , 1986
Place: Councilroom
Time: 9: 00 a.m.
Chairman and Members
Hawaii County Council
Hilo, Hawaii 96720
Your Committee on Finance, to which were referred Communications 539,
539.1, 539.2 and 539.3 , reports as follows :
The purpose of Communications 539, 539.1, and 539.3 from Attorney
Gerard D. Lee Loy is to request and justify the reimbursement of
attorney fees for Police Officer Douglas Rapoza regarding a shooting
incident involving a stolen vehicle .
Communication 539 requests payment of 15, 000 for attorney's fees for
Officer Rapoza. Mr. Lee Loy was retained by Officer Rapoza to
procure evidence on his behalf. In the communication, Mr. Lee Loy
states that the Police Commission disallowed the request because
Officer Rapoza was not being prosecuted or sued. Mr. Lee Loy
contends that his fees are warranted and should be awarded by the .:
County due to the facts of the case.
Communication 539 .1 is a request to subpoena Mr . Fred Gianinni , a
Deputy Prosecuting Attorney, and Police Detective Melvin Miyashiro to
attend the Finance Committee meeting when this matter is to be
discussed. The request is based on the belief that evidence
discovered by Mr. Lee Loy prevented Officer Rapoza from probable
criminal charges.
539.2 is a communication from Corporation Counsel informing that the
Council is without authority to provide payment of Officer Rapoza 's
attorney's fees . The opinion of Corporation Counsel rests on the
basis that Chapter 52-3, Hawaii Revised Statutes , requires the County
to pay Officer Rapoza 's attorney's fees if he is prosecuted for a
criminal violation which arises out of the performance of his duties
as a police officer.
In the communication, the CorporationCounselalso points out that
all appropriations and expenditures of public money by municipalities
and indebtedness created by them must be for a public purpose. The
Corporation Counsel feels when the definition of public purpose is
applied to the Rapoza request, it becomes clear that the request
should be denied.
FC REPORT N0, 214
ADOPTED :
a
•
411
FC- 214 Page 2 August 26, 1986
Communications 539.3 is a communication from Mr . Lee Loy describing
the chronological order of events surrounding the incident and
investigation of Officer Rapoza 's case. Mr . Lee Loy reiterates in
his letter , the possible influence his discoveries made with regard
to the Prosecutor 's decision in not prosecuting the case.
In Committee discussion, Officer Paul Silva, a SHOPO representative,
spoke in favor of awarding Officer Rapoza the attorney's fees.
Mr . Lee Loy also testified stating his support and justification for
the County to pay the fees . The Corporation Counsel explained that
the County is limited in making the payment of legal fees and is not
allowed to reimburse an employee if the person is not charged with a
civil or criminal offense. Further , if the Council were to approve
such a payment, a precedent may be set for the future and may be
unfair if awards are made to others indiscriminately.
Some of the members felt that the payment was warranted, given the
situation Officer Rapoza was in. They also felt that a precedent
would not necessarily be set given the circumstances of the incident
and that similar claims in the future could be awarded based on the
merits of the incident. The members who felt otherwise had no
argument with the officer 's action, in fact , considering the decision
time, many felt that the actions were probably warranted and he had
acted wisely. The concern these members expressed were related to
the issue and not the circumstances of the matter . They felt that
reimbursing monies for this purpose is not an expenditure for a
public purpose and by awarding the monies, a precedent would be set
for future similar claims .
A motion recommending that the committee approve the X5,000 payment
was defeated 3-4 by a roll call vote ; therefore , your Committee on
Finance recommends that the request be enied.
FRANK DE LUZ III , CHAIRMAN
•
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