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File #: GET-11(19)    Version: 1
Type: Direct Referral Status: Agenda Ready
File created: 8/13/2019 In control: Governance, Ethics, and Transparency Committee
On agenda: 10/16/2019 Final action:
Title: LITIGATION MATTERS (SETTLEMENT AUTHORIZATION: TOMMY RUSSO V. COUNTY OF MAUI, ET AL.; CIVIL 14-00515 JMS-KSC) (GET-11(19))
Attachments: 1. County Communication 19-29, 2. Correspondence from Corporation Counsel 06-27-2019, 3. Correspondence to Corporation Counsel 08-14-2019, 4. Correspondence from Corporation Counsel 08-19-2019, 5. Handout from Councilmember Rawlins-Fernandez 10-15-2019, 6. Testimony from Nicholas Drance 10-15-2019, 7. Testimony from Sam Small 10-15-2019
Related files: CR 19-131
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Title

LITIGATION MATTERS (SETTLEMENT AUTHORIZATION:  TOMMY RUSSO V. COUNTY OF MAUI, ET AL.; CIVIL 14-00515 JMS-KSC)  (GET-11(19))

 

Description

The Committee is in receipt of the following:

1.                     Correspondence dated June 27, 2019, from the Department of the Corporation Counsel, requesting consideration of a proposed resolution to authorize settlement of Tommy Russo v. County of Maui, et al., Civil 14-00515 JMS-KSC, along with a copy of the complaint.  The complaint alleges negligence by the County for the unlawful seizure, unlawful arrest, false arrest, battery, assault, and violation of Plaintiff Tommy Russo’s First Amendment rights on November 17, 2014.

2.                     Correspondence dated August 19, 2019, from the Department of the Corporation Counsel, transmitting a revised proposed resolution entitled “AUTHORIZING SETTLEMENT OF TOMMY RUSSO VS. COUNTY OF MAUI, ET AL. CIVIL NO. 14-00515 JMS-KSC.”  The purpose of the revised proposed resolution is to authorize settlement of the case.

 

Status

The Committee may consider whether to recommend adoption of the revised proposed resolution, with or without further revisions.  The Committee may also consider the filing of the correspondence and other related action.

 

Note

With reference to this agenda item, one or more executive meetings are anticipated pursuant to Section 92-5(a)(4), Hawaii Revised Statutes, to consult with legal counsel on questions and issues pertaining to the powers, duties, privileges, immunities, and liabilities of the County, the Council, and the Committee; and Section 92-5(a)(8), Hawaii Revised Statutes, to deliberate or make a decision upon a matter that requires the consideration of information that must be kept confidential pursuant to a State or Federal law, or a court order.