HomeMy WebLinkAboutResolution No. 5233 RESOLUTION NO. 5233
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DOWNEY AUTHORIZING PAYMENT OF
GENERAL AND PUNITIVE DAMAGES ARISING OUT
OF WANTUCH V. CITY OF DOWNEY, ET AL.
THE CITY COUNCIL OF THE CITY OF DOWNEY DOES RESOLVE
AS FOLLOWS:
SECTION 1. The City Council finds, determines and
declares that:
A. Certain present officers and employees of
the City of Downey, City Council Members Robert Cormack,
Diane Boggs and Roy Paul, as well as Chief of Police Pete
Stone, Police Sergeant W. McCulloch, and Police Captain
Dennis M. Chelstrom, have been named as defendants in an
action presently pending in the Los Angeles Superior Court,
entitled Stanley Wantuch v. City of Downey, et al., Case No.
SEC 76910; and
B. The Complaint in the aforementioned
action seeks both general and punitive damages from each of
these officers and /or employees; and
C. All of said officers and employees have
agreed to cooperate in good faith with the City in the
defense of this action; and
D. All of the acts or omissions attributed
to each of these officers and /or employees by the Complaint
occurred when the officer and /or employee was acting within
the course and scope of his or her employment as an officer
and /or employee of the City of Downey; and
E. At the time of each of the alleged acts
or omissions, these officers and /or employees acted, or
failed to act, in good faith, without actual malice and in
the apparent best interests of the City of Downey; and
F. Payment in full, of any judgment for
damages, including punitive damages, awarded against any of
these officers and /or employees, in the above - captioned
civil action, would be in the best interests of the City of
Downey;
-1-
11/6/89
SECTION 2. Based on the aforesaid findings,
determinations and declarations, the City Council of the
City of Downey hereby authorizes defending the above -named
officers and employees and further authorizes the payment ,
in full, of any damages, including punitive damages, which
may be awarded against any of the above -named officers
and /or employees, as defendants in the civil action. As
such, the named officers and/or employees
/ shall be entitled
to rely upon this resolution in regard to their defense of
the action. —
SECTION 3. The City Clerk shall certify the
adoption of this Resolution.
APPROVED AND ADOPTED this day of
, 1989.
r q
feat
YOR
RANDALL R. BARB
ATTEST:
is C
)77,1\
liCC 7 .1 1 "
CITY CLERK
I HEREBY CERTIFY that the foregoing Resolution was
duly adopted by the City Council of the City of Downey at a 14 regular meeting thereof, held on the day of
November , 1989, by the following vote of the
Council:
AYES: 3 COUNCILMEMBERS : Hayden, Paul , Barb
NOES : 0 COUNCILMEMBERS : None
ABSENT: COUNCILMEMBERS : None
ABSTAIN: 2 COUNCILMEMBERS : Cormack, Boggs
(
/ CITY CLERK
-2-
11/6/89