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ITEM #9 <br />CITY OF COLTON <br />AGENDA REPORT <br />FOR COUNCIL MEETING OF May 20, 2008 <br />TO: HONORABLE MAYOR AND CITY COUNCIL <br />FROM: CITY ATTORNEY <br />SUBJECT: APPROVAL OF LEGAL SERVICES AGREEMENTS FOR DEFENSE <br />OF FORMER CITY EMPLOYEE KENNETH RULON IN TWO (2) <br />PENDING LITIGATION MATTERS AND DEFENSE OF FORMER CITY <br />EMPLOYEE STEPHEN MOREHOUSE IN ONE (1) PENDING <br />LITIGATION MATTER <br />DATE: MAY 14, 2008 <br />BACKGROUND: <br />Jose Antonio Fierro Avalos has served the City with a lawsuit (the "Avalos Lawsuit") in which he <br />has named as defendants — in addition to the City and other individuals - former City employee <br />Kenneth Rulon, individually as the Chief of Police, and former City employee Stephen Morehouse, <br />individually as a Colton Police Officer. In addition, Joe Gutierrez, Steve Davis, Charles McCann <br />and Kyle Kershner have served the City with a lawsuit (the "Gutierrez Lawsuit") in which they have <br />named as a defendant — in addition to the City and Police Department - Mr. Rulon, individually and <br />in his capacity as the Chief of Police. <br />Under California Government Code section 995, Mr. Rulon and Mr. Morehouse have asked the <br />City to provide them with a legal defense regarding these lawsuits. <br />DISCUSSION/ANALYSIS: <br />Under Government Code section 995, the City must provide for the defense of civil actions <br />brought against a current or former employee or official for an act or omission of the employee <br />within the scope of his or her employment. Both former employees will be provided with <br />standard assumption of defense and reservation of rights agreements, providing that the City <br />will assume their defense so long as they reasonably cooperate in the defense and it is <br />determined that they were acting within the scope of their employment and not with actual <br />fraud, corruption, or actual malice. <br />Arrangements have been made for Mr. Steven J. Rothans of Carpenter, Rothans & Dumont to <br />represent Mr. Rulon, and for Mr. Glen E. Tucker to represent Mr. Morehouse. The rates for both <br />will be $150 per hour for attorneys and $75 per hour for paralegals. Staff has prepared <br />Professional Services Agreements for Mr. Rothans and Mr. Tucker. The total compensation for <br />each agreement shall not exceed $25,000 in any fiscal year without written approval of the City <br />Council. <br />R V PUB\NSTUBB S\748960.3 <br />