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Resolution No. 91573 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 9157 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON INDEMNIFYING, HOLDING HARMLESS AND AUTHORIZING THE DEFENSE OF COUNCILMAN HILARIO GONZALES RESPECTING AN INVESTIGATION BY THE DISTRICT ATTORNEY'S OFFICE INTO ACTS AND/OR OMISSIONS OCCURRING WITHIN THE SCOPE OF HIS DUTIES AS A COUNCILMAN WHEREAS, the District Attorney's Office is conducting an investigation into acts and/or omissions of certain City officers occurring within the scope of their duties (the "Investigation"); and WHEREAS, Hilario Gonzales serves as a Councilman of the City lof Vernon; and WHEREAS, the City of Vernon has received a request from Hilario Gonzales pursuant to California Government Code Section 995 to have the City provide for his defense in the Investigation; and WHEREAS, the allegations within the Investigation are related to actions and/or omissions taken in the course and/or scope of Hilario Gonzales's duties as a Councilman in the City of Vernon; and WHEREAS, the City of Vernon wishes to indemnify, hold harmless and authorize the defense of Hilario Gonzales against any judgment, award, liability, costs, expenses, interest and attorney s fees in the Investigation arising out of any act, failure to act, or omission in the performance of his duties and responsibilities as an officer of the City of Vernon; and WHEREAS, the City of Vernon's intent to indemnify Hilario Gonzales is not an admission or a determination by the City of Vernon 2 1 2 3 4 5 6 7 8 9 10 11 12 13 1XIS 15 16 17 18 19 20 21 22 23 24 25 26 27 28 las to the merits of any claims or allegations raised in the lInvestigation. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VERNON AS FOLLOWS: SECTION 1: The City Council of the City of Vernon hereby finds and determines that the recitals contained hereinabove are true and correct. SECTION 2: The City Council of the City of Vernon hereby indemnifies, holds harmless and authorizes the defense of Hilario Gonzales against any judgment, award, liability, costs, expenses, interest and attorney's fees in the Investigation arising out of any act, failure to act, or omission in the performance of his duties and responsibilities as an officer of the City of Vernon. SECTION 3: The City Council of the City of Vernon hereby approves and authorizes the expenditure of General Fund monies to pay any judgment, award, liability, costs, expenses, interest and attorney's fees in the Investigation. SECTION 4: The Acting City Clerk of the City of Vernon shall certify to the passage of this resolution, and thereupon and thereafter the same shall be in full force and effect. APPROVED AND ADOPTED this 18th day of October, 2006. ATTEST: BRUCE V. KENHORST, JR. Acting City Clerk EONIS C. MAL URG, Mayor - 2 - 1 1 STATE OF CALIFORNIA ) 2 ) ss COUNTY OF LOS ANGELES ) 3 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. 9157, 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, October 18, 2006, and thereafter was duly signed by the 9 Mayor of the City of Vernon. 10 11 BRUCE MALKENHORST, JR. 12 Acting City Clerk 13 (SEAL) 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - 3 -