82-017 RES RESOLUTION 82-17
A RESOLUTION EXPRESSING CITY COUNCIL SUPPORT FOR
41 ADMINISTRATIVE AND ENFORCEMENT ACTIONS TAKEN BY CITY OFFICIALS
WHEREAS, Certain City officials and staff are required to make and enforce
decisions regarding interpretations or applications of state and
local laws and to generally protect the public health, safety and
welfare; and,
WHEREAS, The City's appointed officials and staff strive to make decisions and
take actions which are beneficial to the community as a whole and which
always consider the best interests of the community; and,
WHEREAS, While the City officials and staff strive to make reasonable decisions
benefiting the entire community, there is very often not any time to
ponder a situation and to consult other outside sources of information
prior to making a decision; and,
WHEREAS, Police Department actions in particular, are more often than not
decisions which need to be made immediately without a great deal of
time for consultation or review of the situation and also, typically
under a certain amount of pressure; and,
WHEREAS, When City officials and staff make decisions that are reasonable
and prudent and intended to benefit the entire community and in the
best interests of the community, and said decisions are subjected to
• judicial review and scrutiny after the fact, such as in the Axelson
vs. the City of Elk River Lawsuit in which a City decision was
overruled and damages and fines imposed based upon said decision,
such judicial review may lead to hesitancy on the part of City
officials and staff in the proper performance and functioning of
their jobs.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Elk River
that in cases where City officials and employees, and in particular Police
Department officers, are required to make decisions and take actions within
the scope of their employment or official duties regarding the interpretation
or application of laws which affect the public health, safety and welfare of
the citizens of Elk River, and where said decisions or actions are not due to
malfeasance in office or willful or wanton neglect of duty, the City Council
will support the decision or action of the appropriate City official or employee
and defend said action or decision and the employee officer's right to make
such decision in the judicial system.
BE IT FURTHER RESOLVED by the City Council of the City of Elk River that in the
event the City is unsuccessful in the defense of an officer or employee undertaken
pursuant to this resolution, that the City will indemnify the employee or officer
against any judgment or amount paid in settlement as provided by and subject to
the limitations set forth in Minnesota Statutes Chapter 466.
Passed and adopted this day of , 1982.
ATTEST:
Roger Hinkle, Mayor
Robert C. Middaugh, City Administrator
RESOLUTION 82-17
zn) li)14-. 01/11---/
110 A RESOLUTION EXPRESSING CITY COUNCIL SUPPORT FOR
ADMINISTRATIVE AND ENFORCEMENT ACTIONS TAKEN BY CITY OFFICIALS
WHEREAS, Certain City officials and staff are required to make and enforce decisions
regarding interpretations or applications of state and local laws and to
generally protect the public health, safety and welfare; and,
WHEREAS, The City's appointed officials and staff strive to make decisions and take
actions which are beneficial to the community as a whole and which always
consider the best interests of the community; and,
WHEREAS, While the City officials and staff strive to make reasonable decisions
benefiting the entire community, there is very often not any time to
ponder a situation and to consult other outside sources of information
prior to making a decision; and,
WHEREAS, Police Department actions in particular, are more often than not decisions
which need to be made immediately without a great deal of time for consul-
tation or review of the situation and also, typically under a certain amount
of pressure; and,
WHEREAS, When City officials and staff make decisions that are reasonable and prudent
and intended to benefit the entire community and in the best interests of
the community, and said decisions are subjected to judicial review and
scrutiny after the fact, such as in the Axelson vs. the City of Elk River 4
Lawsuit in which a City decision was overruled and damages and fines im-
posed based upon said decision, such judicial review may lead to hesitancy
on the part of City officials and staff in the proper performance and func-
tioning of their jobs.
NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Elk River that in
cases where City officials and staff and in particular, Police Department officers,
are required to make decisions regarding the interpretation or application of laws
and which affect the public health, safety and welfare of the citizens of Elk River
and when said decisions are made in a reasonable and prudent fashion by the appro-
priate City official or staff, the City Council will support the decision of the
appropriate City offical or staff member and defend said action or decision and
the employee's right to make such decision in the judicial system.
BE IT FURTHER RESOLVED by the City Council of the City of Elk River that in the
event the City is unsuccessful in its defense of an employee and any prudent and
reasonable decision made by said employee, that the City will assume the responsibi-
ty for any fines or damages imposed upon said individual employee as a result of his
or her decision in their capacity as a City employee.
Passed and adopted this 23rd day of August, 1982.
ATTEST: Richard Hinkle, Mayor
Robert C. Middaugh, City Administrator