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Resolution 12370006.90000 11/10/10 WSS/gjz RESOLUTION NO. 1237 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, AUTHORIZING DEFENSE AND INDEMNITY PURSUANT TO CHAPTER 2.06 ECC SUBJECT TO RESERVATION OF RIGHTS, OF TWO CITY COUNCILMEMBERS FROM THE COST OF LEGAL DEFENSE INCURRED IN RESPONSE TO A WORKPLACE INVESTIGATION. WHEREAS, Chapter 2.06 of the Edmonds City Code provides for the payment of the costs of defense and indemnity subject to the limitations contained therein, and, WHEREAS, an investigation into a workplace complaint will require the participation of the Councilmembers, and WHEREAS, the City Attorney will represent the City in its corporate capacity but cannot represent the individual Councilmembers due to potential conflict of interest, now, therefore, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Section 1. Subject to the limitations contained in Chapter 2.06 of the Edmonds City Code and the reservation of rights letters, attached hereto as Exhibits A and B, the Edmonds City Council hereby authorizes the defense and indemnification for legal costs as limited by Chapter 2.06 of the Edmonds City Code of Councilmembers Michael Plunkett and Diane Buckshnis. Such defense is limited to the extent provided for in Chapter 2.06 ECC. In the event that it is later determined that, in the sole discretion of the Edmonds City Council, that the actions of the Councilmembers were outside the scope of their duties as elected officials and (WSS834431.DOC;1\00006.900000\ ) - I - Councilmembers, or any provision or limitation of Chapter 2.06 ECC is triggered, the City Council reserves the right to act as provided in Chapter 2.06. RESOLVED this 16th day of November, 2010. ATTEST/AUTHENTICATED : ,4I000Fe W • &'..' CITY CLERK, SANDRA S. CHASE FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: RESOLUTION NO. 1237 APPROVED: ✓. MA MIKE CO ER 11-16-2010 11-16-2010 {WSS834431.DOC;1\00006.900000\ } - 2 - InC. 1S90 November 10, 2010 CITY OF EDMONDS 121 5TH AVENUE NORTH • EDMONDS, WA 98020 • (425) 775-2525 wwwxi.edmonds.wa.us CITY CLERK Diane Buckshnis, City Councilmember City of Edmonds 121 — 5t" Ave. North Edmonds, WA 98020 RE: Reservation of Rights - Response to Complaint Dear Ms. Buckshnis: MIKE COOPER MAYOR The City Council has authorized indemnification of the reasonable costs of legal representation which you may incur in the course of a workplace investigation subject to the following reservation of rights. In the event that the City Council, in good faith and in its sole discretion, shall determine that the requested representation is based on: 1. Any dishonest, fraudulent, criminal, willful, intentional or malicious act, and any dishonest, fraudulent, criminal, willful, intentional or malicious course of conduct by you as a Councilmember; 2. Any act or course of conduct by you as Councilmember which was not performed on behalf of the City; 3. Any act or course of conduct which was outside the scope of your service as Councilmember of the City; and/or 4. Any lawsuit which may be brought against you as Councilmember by or on behalf of the City, the City Council may act as provided in Chapter 2.06 ECC. The City Council has authorized your defense pursuant to a reservation of rights as authorized by Chapter 2.06 ECC. This representation is also conditioned upon your compliance with the terms of Chapter 2,06 ECC relating to your participation in the claims and defense process. Very truly yours, CITY qF EDMONDS C1 Mike Cooper, Ma r {WSS834539. DOC; 1 \00006.900000\ } • Incorporated August 11, 1890 • Sister City - Hekinan, Japan InC. 1890 CITY OF EDMONDS 121 5TH AVENUE NORTH • EDMONDS, WA 98020 • (425) 775-2525 www.d.edmonds.wa.us CITY CLERK November 10, 2010 Michael Plunkett, City Councilmember City of Edmonds 121 — 5th Ave. North Edmonds, WA 98020 RE: Reservation of Rights - Response to Complaint Dear Mr. Plunkett: MIKE COOPER MAYOR The City Council has authorized indemnification of the reasonable costs of legal representation which you may incur in the course of a workplace investigation subject to the following reservation of rights. In the event that the City Council, in good faith and in its sole discretion, shall determine that the requested representation is based on: 1. Any dishonest, fraudulent, criminal, willful, intentional or malicious act, and any dishonest, fraudulent, criminal, willful, intentional or malicious course of conduct by you as a Councilmember; 2. Any act or course of conduct by you as Councilmember which was not performed on behalf of the City; 3. Any act or course of conduct which was outside the scope of your service as Councilmember of the City; and/or 4. Any lawsuit which may be brought against you as Councilmember by or on behalf of the City, the City Council may act as provided in Chapter 2.06 ECC. The City Council has authorized your defense pursuant to a reservation of rights as authorized by Chapter 2.06 ECC. This representation is also conditioned upon your compliance with the terms of Chapter 2.06 ECC relating to your participation in the claims and defense process. Very truly yours, CITY OF EDMONDS Mike Cooper, Mayor {WSS834385.DOC;1\00006.900000\ } • Incorporated August 11, 1890 • Sister City - Hekinan, Japan