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HomeMy WebLinkAboutResolutions - 1986.05.08 - 10755May 8, 1986 #86124 Miscellaneous Resolution BY: FINANCE COMMITTEE - G. William Caddell, Chairperson RE: Board of Commissioners - INDEMNIFICATION OF COUNTY COMMISSIONERS, ELECTED AND APPOINTED OFFICIALS, AND EMPLOYEES To the Oakland County Board of Commissioners Mr Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Board of Commissioners adopted Miscel- s Resolution 85339 on November 21, 1985; and WHEREAS that Resolution provided: "NOW THEREFORE BE IT RESOLVED that whenever a claim is made or a civil action is commenced against an officer or employee of the County of Oakland for injuries to persons or property allegedly caused by the officer or employee while acting within the scope of his or her authority, the County shall pay for, engage or furnish the services of an attorney to advise the officer or employee as to the claim and to appear for and represent the officer or employee in the action. The County may compromise, settle and pay the claim before or after the commencement of a civil action. Whenever a judgment for damages is awarded against an officer or employee of the County as a result of a civil action for personal injuries or property damage caused by the officer or employee while in the course of employment and while acting within the scope of his or her authority, the County of Oakland shall indemnify the officer or employee or pay, settle or compromise the judgment. "BE IT FURTHER RESOLVED that when a criminal action is commenced against an officer or employee of the County of Oakland based upon the conduct of the officer or employee in the course of employment, if the employee or officer had a reasonable basis for believing that he or she was acting within the scope of his or her authority at the time of the alleged conduct, the County of Oakland shall pay for, engage or furnish the services of an attorney to advise the officer or employee as to the action and to appear for and represent the officer or employee in the action. "BE IT FURTHER RESOLVED that this resolution shall not impose any liability upon the County of Oakland other than that herein set forth." WHEREAS it is necessary to clarify and further define the persons to be indemnified by Miscellaneous Resolution 85339. NOW THEREFORE BE IT RESOLVED that the words "officer(s) and employee(s) of Oakland County", as used in Miscellaneous Resolution 85339, are defined to include: Elected or appointed officers and officials; em- ployees; volunteers; all committees, authorities, commissions, boards and councils, including those incorporated by authority of state or federal law, and all members thereof. Mr. Chairperson, on behalf of the Finance Committee, I move the T. Murphy CoLoW. Execative adoption of the foregoing resolution. FINANCE COMMITTEE 1 HER,EYAPPROVE THE FOREGOING RESOLUTION this 8th day of 1986 ALLEN County Clerk/Register of Deeds #86124 May 8, 1986 Moved by Caddell supported by Hassberger the resolution be adopted. AYES: McConnell, McDonald, McPherson, Moffitt, Nelson, Pernick, Rewold, Rowland, Skarritt, Webb, Aaron, Caddell, Calandro, Doyon, Fortino, Gosling, Hassberger, Hobart, Richard Kuhn, Susan Kuhn, Lanni, Law. (22) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. STATE OF MICHIGAN) COUNTY OF OAKLAND) 1, Lynn D. Allen, Clerk of the County of Oakland and having a seal, do hereby certify that 1 have compared the annexed copy of Miscellaneous Resolution adopted by the Oakland County Board of Commissioners at their meeting held on May 8, 1986 with the orginial record thereof now remaining in my office, and that it is a true and correct transcript therefrom, and of the whole thereof. In Testimony Whereof, 1 have hereunto set my hand and affixed the seal of said County at Pontiac, Michigan