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HomeMy Public PortalAboutResolution 82-2067RESOLUTION NO. 82 -2067 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY OFFERING A DEFENSE AND INDEM- NIFYING CITY OFFICERS AGAINST CERTAIN TORT AND CIVIL RIGHTS LIABILITIES, CLAIMS AND LITIGATION THE CITY COUNCIL OF THE CITY OF TEMPLE CITY DOES RESOLVE AS FOLLOWS: SECTION 1. The City Council finds and determines: 1) That in recent years there has been a rapid increase in filing of claims, the pursuit of litigation and the risk of liabilities with regard to individual municipal officers acting within the scope of their official duties; and 2) That Section 995 et seq. of the California Govern- ment Code requires defense and indemnification of such claims, litigation and risk (subject to the limitations and reservations provided therein; and 3) That insurance coverage is not always certain in these matters; and 4) That the City Attorney's memo of December 10, 1980, with regard to the case of Owen v. Independence and the increased exposure under 42 USCA 1983 is still not resolved, thus increasing the risk attendant to official conduct within the scope of office. NOW THEREFORE, it is hereby resolved that this City shall provide a defense for (as authorized by the City Council through insurance or otherwise), and indemnify against loss, each City official while acting in good faith and within the scope of his or her employment with regard to every liability imposed by Federal or State law or court decision to the maximum extent permitted by law, provided such official accepts the City's offer of such defense and indemnification. In the event more than one official is involved, the City's defense and indemnity shall be combined as one, except as otherwise ordered. SECTION 2. The City Clerk of the City of Temple City shall certify to the passage and adoption of this Resolution and to its approval by the Mayor. PASSED and ADOPTED by the City Council of the City of Temple City this 4th day of May, 1982. ATTEST: Chieyy� J f Deputy City Clerk I hereby certify that the foregoing Resolution was adopted by the City Council of the City of Temple City at a regular meeting held on the 4th day of May, 1982, by the following vote: AYES: Councilmen- Atkins, Dennis, Gillanders, Swain, Tyrell NOES: Councilmen -None ABSENT: Councilmen -None ,d- {rn� - 2! C_Q� Cit Clerk Deputy City erk