HomeMy WebLinkAbout5910 - ADMIN Resolution - City Council - 1977/11/211
NOVEMBER 21, 1977
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RESOLUTION NO. 5910
RESOLUTION AUTHORIZING THE CITY ATTORNEY
TO MODIFY DEFENSE OF POLICE OFFICER
WHEREAS, suit was brought on July 5, 1974, by
Leslie J. Oilund, as plaintiff naming the City and Officer
John Fitzgerald as defendants; and
WHEREAS, the suit alleges damages arising out of
the lawful arrest of plaintiff on September 9, 1973, by
Officer Fitzgerald; and
WHEREAS, the policy of insurance effective at the
time covered the claim asserted against the City, but did not '
cover the claim asserted against Officer Fitzgerald; and
WHEREAS, the City Council on March 31, 1975, and
on April 11, 1977, authorized the City Attorney to provide
the defense for Officer Fitzgerald as required by Minnesota
Statutes §471.44 in recognition that the arrest of plaintiff
occurred during the performance of the Officer's duties; and
WHEREAS, the defense of the City by the insurance
company will in fact be a defense of Officer Fitzgerald; and
WHEREAS, the cost of a totally independent defense
of Officer Fitzgerald will be substantial in comparison to
the plaintiff's maximum estimated recovery potential; and
WHEREAS, the City can save public funds by directing
the City Attorney to adopt a modified defense posture not
duplicative of that provided to the City; and
WHEREAS, the insurance company through its liability
claim manager Erwin E. Zimmer, has stated in writing by letter
dated September 22, 1977, that it will not seek indemnity against
Officer Fitzgerald for any liability imposed against the City;
and
WHEREAS, the City believes such a modified defense
will fully protect the interests of Officer Fitzgerald; and
WHEREAS, the City to guarantee that the interests
of Officer Fitzgerald will be fully protected, promises to
pay any judgment imposed against him, the City finding that:
1. The arrest of plaintiff arose out of the
performance by Officer Fitzgerald of his duties as a police
officer of the City in response to a citizen's report of
disorderly conduct; and
2. Officer Fitzgerald conducted himself in a
proper manner under the circumstances using no more force
than necessary to control the situation; and
3. Plaintiff was found guilty by a jury of
obstructing an officer and profanity; and
4. Public safety and the morale of the police
department are best furthered by full support of an officer's
actions in performance of his duties; and
5. Accordingly, it is fitting and proper to
indemnify Officer Fitzgerald against any liability imposed;
and
WHEREAS, the City is empowered to so protect Officer
Fitzgerald pursuant to Minnesota Statutes §471.45;
BE IT RESOLVED by the City Council of the City of
St. Louis Park that:
1. The City Attorney adopt a modified defense of
Officer Fitzgerald not duplicative of that provided the City
by its insurance company.
2. The City fully indemnify Officer John Fitzgerald
against any judgment imposed against him and in favor of
Leslie Oilund.
Adopted by the City C.iincilNovember 21, 1977
May
stration: Approved as to Form and Legality:
City Attorney