2001-25 a RESOLUTION NO. 2001- 25
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GRAND TERRACE,CALIFORNIA,ESTABLISHING A POLICY
FOR PROVIDING FOR THE DEFENSE OF AN EMPLOYEE
OR A FORMER EMPLOYEE IN A CRIMINAL ACTION OR
PROCEEDING
WHEREAS, Section 995.8 of the California Government Code gives public entities
the discretion to provide for the defense of a criminal action or proceeding brought against
an employee or official or former employee or official; and
WHEREAS, the City Council of the City of Grand Terrace desires to establish a
policy to address when the City will provide for the defense of an employee or official or
former employee or official in a criminal action or proceeding;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GRAND TERRACE
does hereby resolve, declare determine, and order as follows:
SECTION 1. Except as provided for herein in the most rare of cases, it is the policy
of the City of Grand Terrace not to provide for the defense of a criminal action or
proceeding brought against an employee or official or former employee or official.
' SECTION 2. The City will only provide for the defense of a criminal action or
proceeding brought against an employee or official or former employee or official if all of
the following conditions are satisfied:
a. The criminal action or proceeding is brought on account of an act or omission
in the course and scope of employment as a City employee or official.
b. The City Council has determined that providing such defense would be in the
best interests of the City.
C. The employee or official or former employee or official acted, or failed to act,
in good faith, without actual malice and in the apparent interests of the City.
d. The employee or official or former employee or official has been found by a
court or jury to be not guilty of all charges in the criminal action or
proceeding.
PASSED, APPROVED AND ADOPTED this 8th day of November, 2001.
aVL-6
Mayor of the City of Grand Terrace
ATTEST:
City Clerk of the City ofUrand
Terrace
I, BRENDA STANFILL, City Clerk of the City of Grand Terrace, do hereby certify
that Resolution No. 2001- 25 was introduced and adopted at a regular meeting of the City
Council of the City of Grand Terrace held on the 81h day of November, 2001, by the
following vote:
AYES: Councilmembers Hilkey, Larkin, and Ferre'
NOES: None
ABSENT: Mayor Buchanan and Mayor Pro Tem Garcia
ABSTAIN: None
Brenda Stanfill, City Gferk
Approved as to form:
City Attorney)