HomeMy WebLinkAboutAgenda Statement 1983/11/15 Item 13 COUNCIL AGENDA STATEMENT
Item 13
Meeting Date 11-15-83
ITEM TITLE: Resolution // 1.S
7
Authorizing the Payment of Defense Fees and
Appropriating Monies Therefor
SUBMITTED BY: City Attorne (4/5ths Vote: Yes X No )
E c ty
The City Council directed that a resolution be prepared authorizing
payment of defense costs for Councilman Frank Scott, and appropriating
necessary funds therefor.
RECOMMENDATION: Adopt Resolution
BOARD/COMMISSION RECOMMENDATION: N/A
DISCUSSION:
Councilman Scott incurred defense fees as a result of his participa-
tion in a decision of the City Council involving the award of a
franchise for refuse collection and disposal. Where expenditures
arise out of an action taken in good faith in the course of employ-
ment, Government Code §995 .8 and the Council ' s adopted policy
permit defense fees to be paid by the City.
The District Attorney has concluded his investigation of this matter
and found that there was no dishonesty or fraud involved in Mr.
Scott' s actions and based upon this fact plus the confusing legal
advice rendered by City staff to Mr. Scott, has determined that no
criminal charge shall be filed.
The amount of legal fees incurred by Mr. Scott is $4 ,043 .32 .
FISCAL IMPACT:
Additional funds in the amount of $4 ,045 must be appropriated from
the City's unappropriated balance to meet this unanticipated expense.
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Form A-113 (Rev. 11/79)
Form No. F-229
12/73
CERTIFICATE OF CITY/DIRECTOR OF FINANCE
Certification of Unappropriated Balance
I HEREBY CERTIFY that the money required for the
appropriation of funds for the purpose set forth in the attached
resolution is available in the Treasury, or is anticipated to
come into the Treasury, and is otherwise unappropriated.
Amount $ 4,045.00 Fund General Fund
Purpose Payment of Defense Fees
Bidder
T0: 100-0105-5201
Director of Finance
The City of Chula Vista
Date 10/11/83 By City Council
Certification of Unencumbered Balance
I HEREBY CERTIFY that the indebtedness and obligation
to be incurred by the contract or agreement authorized by the
attached resolution can be incurred without the violation of any
of the provisions of the Charter of the City of Chula Vista, or
the Constitution or the laws of the State of California, that
sufficient monies have been appropriated for the purpose of said
contract, that sufficient monies to meet the obligations of the
contract are actually in the Treasury, or are anticipated to come
into the Treasury to the credit of the appropriation from which
the same are to be drawn, and that said monies now actually in
the Treasury, together with the monies anticipated to come into
the Treasury, to the credit of said appropriation are otherwise
unencumbered.
Amount Not to Exceed $
Director of Finance
The City of Chula Vista
Date By
Fund Dept./Activity
Purpose
Bidder
Certificate No. 30
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