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HomeMy WebLinkAbout0996 R"::C0Ll.il'IC,~ 1,0. 906. A ilE;-; .:SllnOi! Ol' '['12.; CI'l'Y CClj,'fCE" OF TiIZ CITY OF .',l't:J.wIA D";T:SR.r;::CG C;~RT.,:i:li COi!T=;~L..'!.'';D :8;;.r,'TDITui\:~S POR LSG.iL COlJ1-:SBL ? JR TiE :?I.J:lFC:O~ OF :J"'::2;;;' DJ-l:G '!,.RIC1:S CITY .:C:"ICli.LS ..I'D CITY E::r:Wy,;..:;s II: .,CTIOES :lOR D._ :i.C"::S GRC.:I;:G Ol.-"T OF P:::RF'OR::".~:C;:: 0:: 'I'ICm O:\'ICL\L uc'TII;S, TG BE F!WP::R jX::'~::i)ITUIDS OF l'JIi5 CITY vi" JiRC,,')IA; .lHD :?RO,;X;:)IllG :lOR co:;nUE'.iTIOI: 0:' ~J',ID COU,:SEL. THE CITY C~G:CIL OF TEE: G;LTY Oi" i:..aC,.DB DO'.~S RESOLVE "s :PC:"']IO~.lS : S:5CTj:Ci'; I. U:ER.;;;.,S, Loren C. Roosevelt and Jessie ~oosevelt have com~enced an action in the Sup3rior Court of the state of California, in and for the Count:: of Los An:'eles, beinc; I~o. 4443C2 in ';he or:i'ice of the Clerk tI1ereof, a~ainst Jaues Griffitts, Emil Bolz, Albert H. Perkins, Ernest \':. Leeper, Donald G. ott, S.E.Halstead, John Boreer, Jack Stine, Kenneth Leslie, \':illiam Orr, Vlr~il ;;a~Tne, Ja.'!iOS Bone, Ardene Boller nnd certain fictitiously n9J)led defendants, and . ,rr:R' S ,j~ 1~1\.~ I Loren C. R.oosevelt has co~enced an action in said Court bein0 No. 444393 in the office of the Clerk thereof, a~D.:lnst all of said defendants except Virc;il ::o,yne, and ',rTo:R :::\S, in said first I:lentioncd action it Is alleGed that Ja.'!iOS Griffitts is D. Councilman and i.:ayor of the City of i\rcadia, that defendants Emil Bolz, "lbert l{. Perkins and ::Zrnest '.I. Leeper are members of the City Council of sa;'d City, that defenda..l'lt Don:lld G. ott has assumed the office of tile C:~iof of Police of said City and thet defendants S.~.Halstead, John Bor~er Jack Stine, i{€nneth Leslie, ','[illilUll. Orr, VirGil ;;ayne and certain ficti tiously naraed defenJants are police officers of said City, that defendant Ja~€s Bone is the City Attorney of said City and that defendant ;,rdene Boller is jud3e of the Police Court of said City, and '~j:I..i'U;J.S. said act'~.ons are stated therein to be for damu:;es for the false arrent nnd f~nse imprisoruJ1(mt of said pl::tintiffs in tho ap!lrox1J1late sum of ':'60,000.00 and for dar'lu:;es for tIle alle:;od ;':l.alicious ,,':?:'osecntion of Loren C. Roosevelt in the approxhlate sum of :,20,000.00, and IIT:im,.s, said act:.ons urise out of the perforr.rance by naid -1- defendants of their offioial duties as officers and emplo~rees of said City, and \m:;R;';,.\S, the City Council of the City of Arcadia has deter ined tha'; said duties \16re oe'rfor:ned by said defendants in good faith and vithout malice to said plaintiffs, or either of them. and ',)I;ERE1\S, if officers and employees of said City are required to beer the burden of expendin~ t:leir personal funds In defense of act10ns broll:)ht ar;ainst teeL} for acts ,:,erformed by them in Good ~aith,without malice and in the execution and performance of their duties as such officers and e',nployees, the effect thereof will be to deter citizens fro;u aceepting the responsibil1t;i' of servinG said City as officic.ls or employees, and ",iIIE::i.f,S, the efi'ect thereof \7111 be to impede the enforcement of law withIn said City, and '.l:a:.~.L.;.tS, City Jl t torney Jwnes C. Bone is named as a defendant in llach of said actions, and '.IWiH2AS, by reason of beinG so na:med as a defendant, City Attorney Jwnes C. Bone viII not be able to properly and effectively r'~present said other defendants as I'Jell as himself, and ~mERBrlS, said City Council nas deter~ined that it is in the interests of the City of Arcadia to employ special counsel to repreaent such of said defendants nho desire to be so represented, and ;TII~RZ~&, said City Council bas Jet ermined that the expendi ture of the funds of said City for the ej,lploycent of special counsel and the costs necescary to be expended in the defense of said actions will be a proper expenditcwe of the public funds of said Ci ty , 1\0;1, TLr::rlEFORE, the City Council of the City of Arcadia hereby reoolves: (1; That the fim of Bur:ce, Hickson Burke and i.iarshall of Los iIn:;elEls, Cali:i'o~nla, 1.8 hereby e1ll~10yed to act as special -2- counsel for such of said defendants who desire to avail themselves of such r0presemtation in said act:'.ons and to do and perform all legal services necess..ry and proper in the defense of said action. SECT:OTI 2. That the compensation of said special counsel shall be at thll rate of FIFTY (050.00) DQLliliRS per day for services performed in the preparation of the defense of said actions, and at the rate of 0i~3 HU_:mU;D (;;100.00) D0LL_,RS per day for appearances in Court in th,~ defen:Je t'c:ereof. SECTIOl: 3. That the necessary and proper costs expended in the defense thereof shall be paid b~T said City. SECTIOn 4. The City Clork shall certify to the adoption of this Resolution. I hereby ce~tif~ that the forecoinG Resolution l'Ia~ adopted at madjournedreGula~ ~eetin~ of the City Council of the City of Arca~io., held on the 12th day of September, 1939, by the affirm~tive vote of at lGo.st tilree councill:1en, to-\7i t: AY2S: Counci~~en, Bolz, Griffitts, Leeper. Perkins & Walter NO;~S: None ABGI~:;;T: None ~~~ J Jmd si~ned and ap~roved this 12th day of September, 1939. ~. AT'i''';&T: ~~~~ . C y' ,,<,le -3-