County of Maui Water Supply

COUNTY OF MAUl, BOARD OF WATER SUPPLY RESOLUTION NO. 13 (1998) DELEGATION OF AUTHORITY TO THE DIRECTOR OF THE DEPARTMENT OF WATER SUPPLY TO COMPROMISE, SETTLE, OR DISMISS ANY LITIGATION OR PROCEEDINGS AGAINST THE BOARD OF WATER SUPPLY IN THE AMOUNT OF FIVE-THOUSAND DOLLARS ($5,000) OR LESS
WHEREAS, pursuant to Hawaii Revised Statutes Section 54-16, the Corporation Counsel may, with the prior approval of the Board, compromise, settle, or dismiss any litigation or proceedings which may be pending for, or on behalf of, or against the Board regarding property under the Board's jurisdiction (collectively referred herein as "Claims"); and WHEREAS, Claims against the Department of Water Supply arise from time to time; and WHEREAS, a majority of these Claims are for FIVE-THOUSAND DOLLARS ($5,000) or less; and WHEREAS, a self-insurance fund is maintained to handle Claims that are not covered by insurance; and WHEREAS, the Board desires to delegate to the Director of the Department of Water Supply the authority to act in behalf of the Board to compromise, settle or dismiss such Claims in the amount of FIVE-THOUSAND DOLLARS ($5,000) or less; now, therefore, BE IT RESOLVED by the Board of Water Supply of the County of Maui: 1. The Director is hereby authorized to act in behalf of the Board to compromise, settle or dismiss litigation or proceedings which may be pending for, or on behalf of, or against the Board relative to any matter or property under the Board's jurisdiction in the amount of FIVE-THOUSAND DOLLARS ($5,000) or less; and 2. The Director shall submit a monthly report to the Board of any Claims; and 3. That a copy of this Resolution shall be kept on file until further acted upon by the Board; and 4. That copies of this Resolution be transmitted to the Director of the Department of Water Supply, the Department of Corporation Counsel, and be attached to any document compromising, settling or dismissing any Claim, as may be appropriate, and shall be made available to members of the public who shall request a copy; and 5. Nothing in this resolution shall prevent any person from taking any other action as may be permitted by law in the event such Claim is not able to be compromised, settled or dismissed. Approved as to form and legality: Gary Zakian, Deputy Corporation Counsel County of Maui

"By Water All Things Find Life"

Department of Water Supply
County of Maui
P.O. Box 1109
Wailuku, HI 96793-6109
Telephone (808) 270-7816
Fax (808) 270-7833

[Back]