HomeMy Public PortalAboutResolution 07-08 Ratifying the City Manager's ActionsRESOLUTION NO. 07-8
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF McCALL, IDAHO,
RATIFYING THE ACTIONS OF THE CITY MANAGER IN CONNECTION WITH
THE CASE OF CITY OF McCALL, PLAINTIFF, VS SUSAN E. BUXTON; MOORE,
SMITH, BUXTON AND TURKE, CHARTERED, A PROFESSIONAL SERVICE
CORPORATION; WILLIAM A. McCURDY; AND BRASSEY, WETHERELL,
CRAWFORD & GARRETT, A LIMITED LIABILITY PARTNERSHIP, DEFENDANTS.
WHEREAS, on the 3rd day of May, 2006, the attorneys for the City of McCall filed a
lawsuit against its former attorneys alleging professional negligence in connection with said
former attorneys' handling of litigation with Wausau Insurance and St. Clair Contractors, which
litigation resulted in a 4.95 million dollar judgment, plus costs, fees and accruing interest; and
WHEREAS, said defendants have appeared and defended the complaint filed by the City
of McCall; and
WHEREAS, a defense asserted by the defendants is that the filing of the action was
"ultra vires" and not authorized by the City Council of the City of McCall, Idaho; and
WHEREAS, prior to filing the action the City Manager, Lindley Kirkpatrick, consulted
with the City Council in executive session, and
WHEREAS, prior to the filing of the action the City Council was aware that the action
would be filed; and
WHEREAS, the City Council believed that the City Manager had the authority to
authorize the filing of the lawsuit and did not believe that a formal vote authorizing the City
Manager to take such action was necessary; and
WHEREAS, the Council was informed of the filing of the action and did not object to
such filing; and
WHEREAS, the City Council has, subsequent to the filing of the action, authorized
payment of attorney fees and costs associated with the action; and
WHEREAS, because of deadlines associated with the filing of the action, the City
Manager acted to authorize the filing in order to preserve the rights of the City of McCall.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY
COUNCIL OF THE CITY OF McCALL, IDAHO:
SECTION 1: The McCall City Council finds that the actions of the City Manager in
connection with the filing of the action were not "ultra vires" and were within the duties
prescribed for his position.
Resolution 07-8 Rating Action of the City Manager — Case of Buxton 1 Of 2
SECTION 2: The action of Lindley Kirkpatrick, City Manager, instructing attorneys for
the City to file an action for professional negligence against Susan E. Buxton; Moore, Smith,
Buxton and Turke, Chartered, a Professional Service Corporation; William A. McCurdy; and
Brassey, Wetherell, Crawford & Garrett, a limited liability partnership, defendants, is formally
ratified and approved.
SECTION 3: EFFECTIVE DATE: This Resolution shall be in full force and effect
immediately upon passage.
PASSED BY THE COUNCIL OF THE CITY OF McCALL, IDAHO, this 24th day of
May, 2007.
APPROVED BY THE MAYOR OF THE CITY OF McCALL, IDAHO, this 24th day of
May, 2007.
ATTEST:
••p�puu.H,,,,i
CALZ, ••. •.•• C,
J 0 Yr$.
h. SEAL o° 1.
V ' ap•4 1
0.4•• �.
% e. ......• .•
••••. eCALL ,119,
d-64-}
Jo e E. York, City Cle
William A. Robertson, Mayor
Resolution 07-8 Ratifying Action of the City Manager — Case of Buxton 2 of 2