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HomeMy WebLinkAboutRes 1993-35RESOLUTION NO. 19 93 —3 S A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, DECLARING AND ESTABLISHING A POLICY FOR INDEMNIFICATION TO ELECTED OFFICIALS, APPOINTED OFFICIALS AND EMPLOYEES OF THE TOWN FOR JUDGMENTS, FINES AND ATTORNEY'S FEES WHEN SAID PARTIES ARE ACTING IN THEIR OFFICIAL CAPACITIES OR PERFORMING DUTIES ON BEHALF OF THE TOWN. WHEREAS, the Town of Fountain Hills is authorized by state law and does pur- chase general liability insurance covering all of its elected officials, officers and employees; WHEREAS, it is the determination of the Town Council that a policy regarding reimbursement for attomey's fees, fines and judgments levied against all elected officials, appointed officials and employees is necessary; and, WHEREAS, such a policy is allowed under state law and serves the general benefit of all citizens of this community. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS AS FOLLOWS: Section 1. That this policy shall cover all elected officials, appointed officials, employees, appointed board members and volunteers, whether full time or part time and whether compensated or uncompensated. Section 2. That if as a result of actions or a lack of action, performed or required to be performed, or authorized by law, any of the persons named in Section 1 above becomes obligated to either employ an attomey, pay a judgment or fine, whether civil or criminal, the following policy for possible reimbursement and /or indemnification shall apply. Section 3. That if any person mentioned in Section 1 above becomes obligated or is required to retain the services of an attorney; pay a fine or judgment; or is charged with a civil or criminal offense, said person shall notify the Mayor and Council by filing written notice with the Town Clerk of said event or obligation. Section 4. The Town Clerk shall mark the document as confidential and submit the same to the Mayor and Council and the Town Attorney for review. Section 5. The Town Attorney shall review the material submitted and prepare a written communication to the Council and the Clerk indicating whether or not the request falls within the guidelines as set forth in this resolution. Said report of the Town Attorney shall become public and shall be considered a public record under the Arizona Public Records Act. Should the Town Attorney be the person seeking reimbursement or indemnity from the Town then the Council shall appoint a special attorney to review the request for compliance with the provisions of this resolution. Section 6. The Attorney's communication provided for in Section 5 above shall set forth whether or not, in the opinion of the Attorney, the request is by a person who is a member of the class set forth in Section 1 above and if the event or events that gave rise to the request arose out of the person's good faith performance of official duties or as a result of that person's appointment or employment. Section 7. That upon submission of the written communication from the Town Attorney or special attorney, the Council may, by a simple majority vote, authorize the expenditures of public funds for reimbursement or indemnity for attorney's fees, costs, fines and /or penalties incurred by or imposed upon the person so requesting indemnity. PASSED AND ADOPTED THIS 7th DAY OF OCTOBER, 1993. ATTEST TO: Cassie B. Hansen, Town Clerk APPROVED AS TO FORM: �2 E ,P,;Lj� William E. Farrell, Town Attorney REVIEWED BY: Paul Nordin, Town Manager -2- 'Fang `, RESOLUTION NO. 1993 -36 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, DESIGNATING THE ELECTION DATE AND PURPOSE OF ELECTION; DESIGNATING THE DEADLINE FOR VOTER REGISTRATION; AND DESIGNATING THE PLACE AND THE LAST DATE FOR CANDIDATES TO FILE NOMINATION PAPERS. BE IT RESOLVED, by the Mayor and Common Council of the Town of Fountain Hills, Arizona, as follows: Section 1. Designation of Election Date: Purpose That March 8, 1994 has been set as the time for holding the Primary Election in the Town of Fountain Hills for the purpose of nominating candidates for the offices of councilmember and mayor whose names shall appear on the ballot at the General Election to be held on May 17, 1994. Any candidate receiving a majority of all the votes cast at the Primary Election will be declared elected without running at the General Election. Section Z. Designating Deadline for Voter Registration County registration and voting lists will be used for the municipal election. In order to be qualified to vote at the primary, you must be registered by February 7, 1994. Section 3. Designating Date and Place to File Candidate Nomination Form Candidates seeking municipal office may obtain nomination papers and other materials which must be filed by candidates at the Fountain Hills Town Hall beginning December 8, 1993. Candidates must file nomination papers and other nominating forms by 5:00 p.m. on January 7, 1994 at the Fountain Hills Town Hall in order for their names to appear on the Primary Election ballot. PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills, Arizona, this 4th day of November, 1993. APPROVED AS TO FORM: William E. Farrell, A orney REVIEWED BY: Paul 64L. Nordin, Town Manager Qublishcci PA- k,k�05 Timms awh6 ,ice � Vii/ . iii , . : . ATTEST TO: Cassie B. Hansen, Town Clerk h -m 4 IH-7 -93