1996 RES R-137-96 - Laserfiche WebLink

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1 2 3 4 5' 6 7', 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 271 281 1. The actions taken by George Fulp in reporting certain matters to the City Manager and City Attorney were taken in the expectation of certification of election results confirming the election of George Fulp to the position of Mayor of the City of Colton, which certification in fact occurred on December 6, 1994. 2. The actions taken by George Fulp appear to have been taken in good faith belief as to the truth of the matters reported and do not appear to the City Council to have been attended by circumstances of fraud, actual malice or corruption. 3. The action filed against George Fulp relates to his report to public officials and an administrative inquiry that resulted from that report. 4. At the time that the actions complained of in the case of Turner v. Fulp, SCV 17724, occurred, George Fulp was not an employee of the City of Colton as defined in Government Code Section 810.2 and the actions complained of were not, therefore, strictly within the scope of his employment as Mayor of the City of Colton. 5. The City Council is not required to provide legal defense under the provisions of Government Code Section 825 in this matter, but has discretionary authority to provide legal defense under the provisions of Section 995.9 of the Government Code. 6. Discretionary provision of legal defense by the City of Colton may properly be subject to a limitation on the total cost to be provided by the City and upon execution of a reservation of rights agreement reserving the City's right not to pay any award of damages that may result from an adverse judgment in the matter. 7. George Fulp was in fact a witness reporting evidence of alleged wrongdoing to public officials in what became an administrative proceeding and as such may be provided a legal defense in an action filed against him because of his provision of evidence and