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1 <br />2 <br />3 <br />4 <br />5 <br />6 <br />7 <br />8 <br />9 <br />10 <br />11 <br />12 <br />13 <br />14 <br />15 <br />16 <br />17 <br />18 <br />19 <br />20 <br />21 <br />22 <br />23 <br />24 <br />25 <br />26 <br />27 <br />28 <br />RESOLUTION NO. R-93-01 <br />A RESOLUTION OF THE CITY COUNCIL OF THE CITYOF <br />COLTON, CALIFORNIA ESTABLISHING A POLICY FOR <br />PROVIDING FOR THE DEFENSE OF AN EMPLOYEE OR <br />A FORMER EMPLOYEE IN A CRIMINAL ACTION OR <br />PROCEEDING <br />WHEREAS, Section 995.8 of the California Government Code gives <br />public entities the discretion to provide for the defense of a criminal action or <br />proceeding brought against an employee or official or former employee or official; and <br />WHEREAS, the City Council of the City of Colton desires to establish a <br />policy to address when the City will provide for the defense of an employee or official <br />or former employee or official in a criminal action or proceeding. <br />BE IT NOW THEREFORE RESOLVED AS FOLLOWS: <br />SECTION 1. Except as provided for herein in the most rare of cases, it is the <br />policy of the City of Colton not to provide for the defense of a criminal action or <br />proceeding brought against an employee or official or former employee or official. <br />SECTION 2. The City will only provide for the defense of a criminal action or <br />proceeding brought against an employee or official or former employee or official if all <br />e g <br />of the following conditions are satisfied: <br />a. The criminal action or proceeding is brought on account of an act or <br />omission in the course and scope of employment as a City employee or <br />official. <br />b. The City Council has determined that providing such defense would be in <br />the best interests of the City. <br />