HomeMy WebLinkAboutReso 1983-11459
;. ~
',;-,
RESOLUTION NO. 11459
, .
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA AUTHORIZING THE PAYMENT OF DEFENSE FEES FOR
COUNCILMAN FRANK A. SCOTT AND APPROPRIATING MONIES
THEREFOR
The City Council of the City of Chula Vista does hereby
resolve as follows:
WHEREAS, Councilman Scott has incurred defense fees as a
result of his participation in a decision of the City Council
involving the award of the franchise for refuse collection and
disposal, and
WHEREAS, Mr. Scott has requested the City to pay for his
defense fees due to the fact that they arose out of an action he
took in good faith and in the course of his employment, and
WHEREAS, Government Code Section 995.8 permits a City to
pay these legal fees under these circumstances, and
WHEREAS, the City Council has adopted a policy for
payment of defense fees in criminal cases under certain
conditions, and
WHEREAS, the City Council makes the following findings:
1. The criminal proceeding was brought on account of
an act or omission in the scope of employment as an
employee of a public entity.
This proceeding was based on Mr. Scott's participation
as a Councilman in the award of the franchise for refuse
collection and disposal.
2. Defense would be in the best interests of the
public entity.
It is in the City's interest to provide for the defense
of public officials when they act in good faith in
carrying out their duties. To do otherwise could
discourage persons from public service.
-1-
. .
. ,'~ ..
3. The employee acted in good faith without actual
malice and in the apparent interest of the public
entity.
Mr. Scott acted in good faith in that he reasonably
relied upon staff advice. This action. with regard to
the franchise was clearly in the interests of the public
entity in that he acted to reduce the terms of the
franchise and to require an indemnity provision.
and'
WHEREAS, Mr. Scott has entered into an agreement to
reimburse the City for all costs if the Council finds at the
conclusion of the proceedings that he did not act in good faith.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Chula Vista does hereby autnorize. the payment of
$4,045 in defense fees for Councilman S~ott~
BE IT FURTHER RESOLVED that the sum of $4,045 be, and
the same is hereby appropriated from the unappropriated balance of
the General Fund and placed in Account 100-0105-5201 for payment
of said fees.
Presented and Approved as to form by
/~/Ibt~
~homas J. Harron, City Attorney
-2-
,of Ilrft
CHULA VISTA, CALIFORNIA, this
19 83
ADOPTED AND APPROVED BY THE CITY COUNCIL OF. THE CITY OF
15th day of November
AYES:
~AYES;
ABSTAIN:
ABSENT:
, by the following vote, to-wit:
McCand1iss...Ma1colm. Moore, Cox
Councilmen
Councilmen
None
Councilmen
Scott
Councilmen
None
/l.a,
Mayor "f !Jill City of. Chula Vista
ATTEST fJ/7vrt~v ~ rj!td~~
. j/ City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) s s.
CITY OF CHULA VISTA )
I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chula Vista, California,
DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 11459
,and that the same has not been amended or ,repealed.
DATED
(seal)
City Clerk
CC-660