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Committee forwards resolution to indemnify former county employees in Yoshida lawsuit

3429270 · May 20, 2025
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Summary

The Finance Committee forwarded Resolution 183‑25, a request to indemnify six former county employees named as individual defendants in Yoshida et al v. County of Hawaii, to the full council. Committee members discussed possible executive‑session questions and timing for council consideration.

The Hawaii County Committee on Finance voted 8–0 on May 20 to forward Resolution 183‑25 to the full council with a favorable recommendation. The resolution would authorize the county to indemnify six former county employees named as individual defendants in the civil lawsuit Aaron Motsuo Yoshida et al v. County of Hawaii (civil number provided in the committee packet) and to pay assessed damages on their behalf, subject to statutory and code requirements.

Background and legal rationale: Deputy corporation counsel explained that when county employees are sued in their individual capacities, plaintiffs allege actions beyond ordinary negligence; indemnification requires a council finding of public purpose under County Code section 2‑1.88 (as cited in committee materials). The resolution asks council to make that finding and authorize the county to pay an agreed settlement amount on behalf of the named individuals.

Committee discussion: Members raised questions about timing and requested the option to discuss details in executive session. Deputy corporation counsel acknowledged the atypical timing—ideally indemnification resolutions would come before settlement conferences—and said she would bring future indemnification requests to council earlier. Councilmember Onishi asked to move some questions to executive session; staff noted the matter will return to full council on June 4 for final action.

Committee action and next steps: Councilmember Kirkowitz moved and Councilmember Galimba seconded forwarding the resolution; the committee recorded eight votes in favor with Councilmember Kimball excused. Committee members requested a future executive‑session discussion for legal questions; staff confirmed counsel will arrange appropriate scheduling before the council hearing.