What: Res. 719-26 authorizes indemnification, under Section 2-188 of the County Code, of former County employees and their successor estates named as individual defendants in a lawsuit, against all damages assessed (Comm. 1132; introduced by Jennifer Kagiwada by request).
Where it stands: Forwarded to Council with a favorable recommendation by the Governmental Operations and External Affairs Committee on 2026-11-05, 7-0 (one member absent, one excused).
Next: Full Council vote on the resolution.
Details
Background given by Deputy Corporation Counsel Justin C. Lee (name as captioned): a volunteer firefighter was burned after falling into a hole while responding to a fire in the Ka'u district. The suit named the County, the Fire Chief, the Deputy Fire Chief and a Fire Captain. The County was dismissed because the claim is in the nature of workers' compensation, and the Captain was removed. The circuit court let the claims against the Chief and Deputy Chief proceed; claims against a co-worker require showing willful and wanton misconduct.
Why now: the Chief has died, and the plaintiffs will substitute a special representative for his estate. Counsel said an indemnity resolution clarifies the roles of the County and the estate's administrator, and that the Corporation Counsel office intends to keep representing the Chief as if he were alive. Such resolutions normally wait until settlement or trial.
The captions garble several names; no amounts were discussed.
No testimony and no member questions; forwarded to Council with a favorable recommendation, 7-0. Counsel briefed the Committee on the case history and the reason for bringing the resolution before settlement. Previously listed on the agenda.