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
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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