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1 <br />8 <br />9 <br />1.0 <br />11 <br />12' <br />23 <br />14 <br />15 <br />16 <br />17 <br />19 <br />20 <br />21 <br />22 <br />23 <br />24 <br />25 <br />26 <br />27 <br />28 <br />RESOLUTION NO. 3735 <br />A RESOLUTION OF THE CITY COUNCIL OF THE CITY <br />OF COLTON PROVIDING A POLICY FOR DEFENSE OF CLAIMS <br />FOR CITY OFFICERS AND EMPLOYEES <br />BE IT RESOLVED by the City Council of the City of Colton as follows: <br />1. Claimsagainst public officers and employees for injuries, loss or <br />damage arising out of the performance or failure to perform official duties <br />by such officers or employees have traditionally been defended by, and judge- <br />ents resulting therefrom paid by the public entity which the officer or em- <br />ployee serves. Authority exists in state law for such defense and payment in <br />certain situations, and subject to certain exceptions. <br />2. A trend has developed recently for claimants to attempt to impose <br />â–ºersonal liability upon public officers and employees for acts or omission to <br />ict with respect to their official duties. Some of such cases are outside the <br />)urview of the California Tort Claims Act, or for other reasons affect areas <br />there the personal liability of such public officers and employees, and the <br />)bligation to defend such claims, is unclear. Such uncertainty causes concern <br />;o some public officers and employees, and is found by this Council to be de- <br />;rimental to morale, and counterproductive. <br />3. The policy of the City of Colton with respect to the defense, and <br />;he ultimate liability for payment of other disposition of claims against <br />)ublic officers and employees is declared to be as follows: <br />(a) Subject to the exceptions and limitations hereafter <br />stated, the City of Colton, at its expense, shall provide <br />a defense, including but not limited to investigate, settle- <br />ment or settlement negotiations where appropriate, all legal <br />costs, and costs of defense whether or not allowed by court, <br />attorneys' fees, and appeal to the extent appropriate, and <br />shall pay, or indemnify such officer or employee from pay- <br />ment of, any judgement or settlement found to be payable by <br />the City or by such officer or employee in any case arising <br />out of or connected with alleged acts or omission to act in <br />the performance of any official duty of such officer or em- <br />ployee. <br />(b) The City shall not provide the defense or the payment <br />referred to in the preceding paragraph (1) to the extent <br />pprohibited by Federal or State constitution, or by statute <br />binding upon the City; (2) where the action is brought vol- <br />untarily b the City against such officer or employee to <br />determine liability for, or to recover sums payable to the <br />City by such officer or employee; and N where the act or <br />omission complained of was done because of actual fraud, <br />malice, or corruption or not in good faith performance of <br />official duties. <br />(c) If doubt or dispute exists whether the City should de- <br />fend under the above stated policy, the City may enter into <br />an agreement with such officer or employee to conduct the <br />defense, but reserving the right not to yaythe udggement,compromise, or settlement unless or untiit sha 1 be es- <br />tablished that the claim arose out of an act or omission <br />occurring within the scope of employment, or within the <br />