HomeMy WebLinkAboutCC RESO 14,604RESOLUTION NO. 14,604
A RESOLUTION AUTHORIZING THE RETENTION OF
OUTSIDE LEGAL COUNSEL TO DEFEND LEGAL ACTIONS
AGAINST THE CITY OF NATIONAL CITY, THE COMMUNITY
DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY,
THEIR OFFICERS, AND EMPLOYEES
WHEREAS, since October 1, 1984, the City of National City and the
Community Development Commission of the City of National City have been
self -insured as to the first $50,000 of liability for any claim arising out of the
negligence or other wrongdoing, omission, or tort of the City of National City,
the Community Development Commission of the City of National City, their
officers, and employees, and
WHEREAS, complaints and other legal actions have been and will
continue to be filed against the City of National City, the Community
Development Commission of the City of National City, their officers, and
employees which must be defended by the City of National City and the
Community Development Commission of the City of National City, through the
Office of the City Attorney, which complaints or actions are based on claims
arising on or after October 1, 1984, and which complaints or actions require
legal expertise or commitment of time which the City Attorney of the City of
National City believes can be better handled by outside legal counsel,
NOW, THEREFORE, BE IT RESOLVED that the Council of the City
of National City finds and determines that it is necessary to retain or employ
outside legal counsel from time to time to defend pending and future complaints
or other legal actions filed against the City of National City, the Community
Development Commission of the City of National City, their officers, and
employees arising out of alleged negligence or other wrongdoing, omission, or
tort, as determined by the City Attorney of the City of National City.
BE IT FURTHER RESOLVED that the City Manager is authorized to
approve and execute agreements with outside legal counsel in accordance with
the provisions of this resolution.
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BE IT FURTHER RESOLVED that said outside legal counsel, when
retained or employed, are authorized to represent the City of National City and
the Community Development Commission of the City of National City in all
such complaints and actions as determined by the City Attorney of the City of
National City. Said outside legal counsel shall represent any officer or
employee of the City of National City or the Community Development
Commission of the City of National City named or served as a defendant in
such complaints and actions, unless any such officer or employee requests that
such representation not be given.
BE IT FURTHER RESOLVED that said outside legal counsel are
authorized to file any and all necessary cross complaints, counterclaims or other
legal actions on behalf of the City of National City and the Community
Development Commission of the City of National City which the City Attorney
believes are necessary or convenient to the defense of such complaint or action,
but that no such cross complaint, counterclaim, or action shall be the subject of
any contingent fee without the prior approval of the City Council.
BE IT FURTHER RESOLVED that no such cross complaint,
counterclaim, or other action shall be filed by outside legal counsel retained or
employed by the City of National City or the Community Development
Commission of the City of National City on behalf of any of their officers or
employees except at the sole expense and request of any such officer or
employee, and except with the approval of the City Attorney upon a
determination that there is no conflict with the interests of the City of
National City or the Community Development Commission of the City of
National City.
PASSED and ADOPTED this l6th day of April, 1985.
ATTEST:
Y
IONE CAMPBELL, cMTY CLERK
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APPROVED AS TO FORM:
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GEJi/JL
H. EISER, III - CITY ATTORNEY
KILE MORGAN, PIl'AYOR