Resolution No. 8937
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RESOLUTION NO. 8937
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON INDEMNIFYING, HOLDING HARMLESS AND
AUTHORIZING THE DEFENSE OF BRUCE V. MALKENHORST,
SR. RESPECTING LASC CASE NO. BC 343370
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7 WHEREAS, a complaint against the City of Vernon and Bruce V.
8 Malkenhorst, Sr., individually, has been filed in LASC Case No. BC
9 343370 (the "Lawsuit"); and
10 WHEREAS, Bruce V. Malkenhorst, Sr., is the former City
11 Administrator/City Clerk of the City of Vernon; and
12 WHEREAS, the City of Vernon has received a request from
13 Bruce V. Malkenhorst, Sr. pursuant to California Government Code
14 Section 995 to have the City provide for his defense in the Lawsuit;
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16 WHEREAS, the allegations within the Lawsuit are related to
17 actions and/or omissions taken in the course and/or scope of Bruce V.
18 Malkenhorst's duties as the former City Administrator/City Clerk of
19 the City of Vernon; and
20 WHEREAS, the City of Vernon wishes to indemnify, hold
21 harmless and authorize the defense of Bruce V. Malkenhorst, Sr.
22 against any judgment, award, liability, costs, expenses, interest and
23 attorney's fees in the Lawsuit arising out of any act, failure to act,
24 or omission in the performance of his duties and responsibilities as
25 an officer of the City of Vernon; and
26 WHEREAS, the City of Vernon's intent to indemnify Bruce V.
27 Malkenhorst, Sr. is not an admission or a determination by the City of
28 Vernon as to the merits of any claims or allegations raised in the
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1 Lawsuit.
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2 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
3 CITY OF VERNON AS FOLLOWS:
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SECTION 1:
The City Council of the City of Vernon hereby
5 finds and determines that the recitals contained hereinabove are true
6 and correct.
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SECTION 2:
The City Council of the City of Vernon hereby
8 indemnifies, holds harmless and authorizes the defense of Bruce V.
9 Malkenhorst, Sr. against any judgment, award, liability, costs,
10 expenses, interest and attorney's fees in the Lawsuit arising out of
11 any act, failure to act, or omission in the performance of his duties
12 and responsibilities as an officer of the City of Vernon.
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SECTION 3:
The City Council of the City of Vernon hereby
14 approves and authorizes the expenditure of General Fund monies to pay
15 any judgment, award, liability, costs, expenses, interest and
16 attorney's fees in the Lawsuit.
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SECTION 4:
The Acting City Clerk of the City of Vernon
18 shall certify to the passage of this resolution, and thereupon and
19 thereafter the same shall be in full force and effect.
20 APPROVED AND ADOPTED this 21st day of December, 2005.
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G~~u~ .
~ ~~ONIS C. ~LBU~MaYOr
ATTEST:5
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BRUCE V. MALKENHORST, JR.
Acting City Clerk
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1 STATE OF CALIFORNIA
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COUNTY OF LOS ANGELES
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4 I, BRUCE V. MALKENHORST, JR., Acting City Clerk of the City of
5 Vernon, do hereby certify that the foregoing Resolution, being
6 Resolution No. 8937, was duly adopted by the City Council of the City
7 of Vernon at a regular meeting of the City Council duly held on
8 Wednesday, December 21, 2005, and thereafter was duly signed by the
9 Mayor of the City of Vernon.
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~c~ V. MALKENHORST, JR.
Acting City Clerk
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( SEAL)
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