2001 AGN SEP 18 I05 - Laserfiche WebLink

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CITY OF COLTON Item #5 AGENDA REPORT FOR COUNCIL MEETING OF September 18, 2001 Honorable Mayor and City AL: Daryl Parrish, City Manager' FROM: City Attorney City Council Policy Regarding Providing a Defense in Criminal Actions DATE: September 11, 2001 BACKGROUND: On September 4, 2001, the City Council directed staff to prepare a resolution establishing a policy to address whether the City will provide a defense for employees or officials or former employees or officials in a criminal action or proceeding. Specifically, the City Council desired to establish a policy that requires the official or employee to be proven innocent in the criminal action or proceeding before the City will entertain a request to provide a defense for the official or employee. DISCUSSION/ANALYSIS: As directed, the City Attorney has drafted the attached resolution establishing a policy for providing a defense for employees or officials or former employees or officials who are defendants in a criminal action or proceeding. Section 1 of the resolution indicates that it is the City's general policy not to provide a defense in a criminal action or proceeding against an official or employee. Section 2 of the resolution provides that the City will only provide a defense if the conditions specified in subsections (a) through (d) are satisfied. The conditions set forth in subsections (a) through (c) mimic the requirements set forth in state law for the City to provide a defense to employees or officials in criminal actions. Subsection (d) sets forth the condition that the City Council requested at its last meeting to require an employee or official to be found not guilty before requesting that the City provide a defense in a criminal action. ALTERNATIVES: Adopt Resolution. 2. Take no action. RVPUBIM619239