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HomeMy WebLinkAboutAgenda Packet - September 3, 1991 6 AGEN ITEM TO: HONORABLE MAYOR AND MEMBERS OF CITY COUNCIL FROM: HENRY GARCIA, ASSISTANT CITY ADMINISTRATOR �1 DATE: AUGUST 28, 1991 SUBJECT: INDEMNIFICATION OF POLICE OFFICERS Pursuant to Government Code Section 825, which allows cities to indemnify employees for punitive damages, staff respectfully recommends the City Council adopt the attached resolution which would provide indemnification to the two (2) police officers involved in a liability suit entitled Alvarez vs. the City of Azusa. The City Council should know that in the past, the City of Azusa has indemnified police officers. This particular request has the concurrence of Chief Nelson. If you should have any questions or comments, staff suggests the Council adjourn to executive session to discuss this matter in further detail. HG/jp Attachment: Resolution AG: indemn 3/ ,_m1 / AGENDA EM TO: HONORABLE MAYOR AND CITY COUNCIL • FROM: HENRY GARCIA, ACTING CITY ADMINISTRATOR 1.' OPP DATE: AUGUST 26, 1991 SUBJECT: EMPLOYEE LEAVE REQUEST -- ARMANDO PAEZ BACKGROUND On March 18, Council approved Industrial Leave be granted for Armando Paez, Senior Tree Trimmer, who incurred a work-related injury. On July 10, 1991, Mr. Paez was declared to be a qualified injured worker by an agreed medical examiner. Mr. Paez' last day worked was October 30, 1990; and he has been on payroll status since that time receiving Industrial leave and accrued sick and vacation leaves. Effective August 1, 1991, all accrued leaves were exhausted. Mr. Paez has indicated that he will be applying for disability retirement. The retirement law provides that an "employer may not separate because of disability a member otherwise eligible to retire for disability. " Therefore, it is requested Council approve a leave without pay status pending the outcome of Mr. Paez application to the Public Employees' Retirement System. RECOMMENDATION It is recommended Council approve a leave-without-pay status for Mr. Paez, pending the outcome of his application for disability retirement. djw c: Louie Pedroza, Superintendent of Public Works Finance Department Personnel File f 1 , q/ / •/' /fi1/1 I AGENDA te TO: HONORABLE MAYOR AND CITY COUNCIL /41.FROM: HENRY GARCIA, ACTING CITY ADMINISTRATOR4�` DATE: AUGUST 22, 1991 SUBJECT: EMPLOYEE LEAVE REQUEST -- GRANT WELLS BACKGROUND On February 4, 1991, Council approved Industrial leave be granted for Grant Wells, Line Mechanic, Utilities Department, who incurred a work-related injury. On July 25, 1991, Mr. Wells was declared to be a qualified injured worker. Mr. Wells' last day worked was December 17, 1990; and he has been on payroll status since that time receiving Industrial Leave and accrued sick and vacation leaves. Effective approximately August 29, 1991, all accrued leaves will be exhausted. Mr. Wells has indicated that he will be applying for disability retirement. The retirement law provides that an "employer may not separate because of disability a member otherwise eligible to retire for disability. " Therefore, it is requested that Council approve a leave without pay status pending the outcome of Mr. Wells' appli- cation to the Public Employees' Retirement System. RECOMMENDATION It is recommended Council approve a leave-without-pay status for Mr. Wells pending the outcome of his application for disability retirement. djw attachment: August 22, 1991, correspondence from Mr. Wells c: Utilities Department Finance Department Personnel File 0,3A-'` l d11- 6 AG A ITE TO: HONORABLE MAYOR AND MEMBERS OF CITY COUNCIL FROM: HENRY GARCIA, ASSISTANT CITY ADMINISTRATOR VIA: GEORGE CASWELL, CITY ADMINISTRATOR/ DATE: AUGUST 14, 1991 SUBJECT: INDEMNIFICATION OF POLICE OFFICERS Pursuant to Government Code Section 825, which allows cities to indemnify employees for punitive damages, staff respectfully recommends the City Council adopt the attached resolution which would provide indemnification to the two (2) police officers involved in a liability suit entitled Gonzales vs. the City of Azusa. The City Council should know that in the past, the City of Azusa has indemnified police officers. This particular request has the concurrence of Chief Nelson. If you should have any questions or comments, staff suggests the Council adjourn to executive session to discuss this matter in further detail. HG/jp Attachment: Resolution AG: indemn RESOLUTION NO. 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 CiAy 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 pSuperior 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 actions 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 Au_gust 1991. MAYOR i 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: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: CITY CLERK 2