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HomeMy WebLinkAboutResolution No. 91-C1170 0 NO. 91-C117 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA AUTHORIZING PAYMENT OF GENERAL AND PUNITIVE DAMAGES ARISING OUT OF GONZALES V. CITY OF AZUSA. 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 that: A. Certain present and former police officers and employees of the City of Azusa, Karen Pihlak and Robert Leach, have been named as defendants in an action presently pending in the Los Angeles Superior Court, entitled Hector Gonzales v. City of Azusa, Case No. EAC 60352; and B. The Complaint in the aforementioned actions seek both general and punitive damages from each of these current and former employees; and C. All of said current and former employees have agreed to cooperate in good faith with the City in the defense of this action; and D. All of the acts or omissions attributed to each of these employees by the Complaint occurred when the employee was acting within the course and scope of his/ her employment as an employee of the City of Azusa; and E. At the time of each of the alleged acts or omissions, these employees acted, or failed to act, in good faith, without actual malice and in the apparent best interests of the City of Azusa; and F. Payment in full of any judgment for damages, including punitive damages, awarded against any of these employees in the above -captioned civil action would be in the best interests of the City of Azusa. SECTION 2. Based on the aforesaid findings, determinations and declarations, the City Council of the City of Azusa hereby authorizes defending the above-named employees and further authorizes the payment, in full, of any damages, including punitive damages, which may be awarded against any of the above-named employees as defendants in the civil action pursuant to the authority of Government Code Section 825. As such, the named employees shall be entitled to rely upon this Resolution in regard to their defense of the action. 1 SECTION 3. The City Clerk shall certify the adoption of this Resolution. APPROVED AND ADOPTED this 19th day of August , 1991. 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 19th day of August , 1991, by the following vote of the Council: AYES: COUNCILMEMB ERS: DANGLEIS, STEMRICH, NARANJO, ALEXANDER, MOSES NOES: COUNCILMEMBERS: NONE E