HomeMy WebLinkAboutResolutions 87-284 N.C.S. 09/28/1987~, ~"
_ Resolution No: s7-2g9N. C: S.
of the_:~City of Petaluma; California
RESOLUTION AUTHORIZLNG PAYMENT OF PUNITIVE OR
EXEMPLARY DAMAGES, IF AWARDED 'A"G~AINST .EMPLOYEES
OF T'HE' CITY OF PETALUMA, IN THE LITIGA:TfiON KNOWN AS
JONES VS. CITY O;F PETALUMA (SON~O,MA COUNTY SUPERIOR
COURT NO. 13'7737).
WHEREAS, the City of Petaluma and other named defendants, including
officers Charles Edward Ringle, Richard Bertrand, Kevin McDonnell; Don
Price, Mike Kerns, Leo Hutchinson, Dennis DeWitt, J. Edwards, Jeff
Robbins, Brian Perkins, Robert Murphy have been sued by Laura Jones as
Guardian ad Litem for Jeffrey Allen Jones and: Kenneth Michael Jones in
Sonoma County Superior Court Action No. 137737, and
WHEREAS, the above-named individual defendants as employees of the
City of Petaluma, have requested that the City of Petaluma authorize
payment of any part of a judgment which might= b.e rendered against said
defendants for punitive or exemplary damages in said action, and
WHEREAS, the matter will be "submitted to binding arbitration, rather
than by trial before the Sonoma County Superior Court, and
WHEREAS., Government Code Section 825 authorizes payment of such
punitive or exemplary damages if the City Council makes findings as
required by law.
NOW,. THEREFORE, the City Council hereby finds as follows:
(1) The activities of said named individual defendants were within the
course and scope of t`he employment of said employees.
(2) At the time of those activities, the named defendants acted in
good faith, -without actual malice and in the best interest of the City of
Petaluma, and
(3) Payment of any claim or judgment for punitive damages against
Reso. 87-28;4 ,NCS 1 of 2
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said individual named defendants would be in the best interest of the City
of Petaluma.
IT IS FURTHER RESOLVED that the City Finance Director is
authorized to pay any portion of the arbitration award in the
above-referenced action which is for punitive or exemplary damages against
the above-named individual defendants.
This Authorization is subject to receipt from Planet Insurance Company of a
written document stating it will reimburse the City for any such payment.
reso.punitive. dam
LAW10
Under the power and authority conferred upon this Council_by the Charter of said City.
REFERENCE: I hereby certify the foregoing Resolution was introduced and adopted by the d as to
Council of the City of Petaluma at a (Regular) (Adjourned) ~ meeting f
on the ....2$1:x...._...._.. day of ......~~p~~.t]0.b~~ ............................... 19.7.., by the .~--
following vote: ....... ..........•---.....--•--.._....
ity Attorney
AYES: Sobel, Balshaw, Davis, Tencer, Vice Mayor tilloolsey, Mayor Hilligoss
NOES: None i~~ ~ `
ABSENT: C vanagh ~ ,
~•
........:... .. .......~y..................._....._................................ Mayor
C-ty Clerk ~ ~e
(7ouncil File ..........................•---......
CA to-s5 Res. No.87-284......_.... N.C.S.