HomeMy WebLinkAboutResolution No. 85700 0
RESOLUTION NO. 8570
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF AZUSA AUTHORIZING THE DEFENSE OF
CITY EMPLOYEE PATRICK JAMES MANNION
PURSUANT TO GOVERNMENT CODE SECTION 995.8
THE CITY COUNCIL OF THE CITY OF AZUSA DOES HEREBY
RESOLVE AS FOLLOWS:
SECTION 1. ,The City Council of the City of Azusa
does hereby find, determine and declare:
A. Patrick James Mannion is an employee of the City of
Azusa employed as a bus driver.
B. On January 6, 1989 Mr. Mannion was involved in a
traffic collision while driving a City bus in the
course and scope of his employment which resulted
in criminal action number 89M00456 being filed
against him.
C. Government Code Section 995.8 provides that the
City may, but is not required, to provide for the
defense of a criminal action or proceeding brought
against an employee if (a) the criminal action or
proceeding is brought on account of an act or a
mission in the scope of his employee as an employee
of the City and (b) the City determines that such
defense would be in the best interest of the public
entity and that the employee acted, or failed to
act, in good faith without actual malice and in the
apparent interest of the City.
D. Counsel specifically finds that the criminal action
brought against Mr. Mannion is brought on account
of an act or a mission which occurred within the
course and scope of his employment as an employee
of the City of Azusa.
E. The City Council further specifically finds that
such defense would be in the best interest of the
public entity and that Mr. Mannion acted, or failed
to act, in good faith, without actual malice and in
the apparent interest of the City of Azusa.
SECTION 2. Based upon the findings set forth in
Section 1, the City Council of the City of Azusa hereby
agrees to pay the cost of the defense of Patrick James
Mannion for the trial on said case number 89M00456 in the
Citrus Judicial District, which defense shall not, however,
include any appeal or writ to a higher court after
conviction and which defense shall be conducted by legal
counsel selected by the City. The City Council hereby
retains John Vandevelde of the firm of Talcott, Lightfoot,
Vandevelde, Woehrle & Sadowsky to defend Mr. Mannion as
provided herein and further authorizes the Mayor to execute
the Attorney -Client Fee Contract and Retainer Agreement with
Mr. Vandevelde's firm.
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SECTION 3. The City Clerk shall certify the
adoption of this Resolution.
PASSED AND ADOPTED this 6th day of
February , 19_
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I HEREBY CERTIFY that the foregoing Resolution was
duly adopted by the City Council of the City of Azusa, at a
regular meeting thereof, held on the -day of February.
1989, by the following vote of the Council:
AYES: COUNCILMEMBERS AVILA, STEMRICH, LATTA, MOSES
NOES: COUNCILMEMBERS NONE
ABSENT: COUNCILMEMBERS NARANJO
ITY CLERK
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