HomeMy WebLinkAboutResolutions - 1985.11.21 - 11299November 21, 1985
REPORT
By:
In re:
Finance Committee, Dr. G. William Caddell, Chairperson
Miscellaneous Resolution #85339 - 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:
The Finance Committee, having reviewed Miscellaneous Resolution
#85339, reports with the recommendation that the resolution be amended as
follows:
IN THE NOW THEREFORE BE IT RESOLVED paragraph, line 4,
delete the comma ( ,) which now appears after the word "for"
and insert the words --all reasonable costs of litigation
and...--; same paragraph, line 5, following the word "attorney,"
insert the words --in accordance with County policy--.
Further, in the NOW THEREFORE BE IT RESOLVED and BE IT
FURTHER RESOLVED paragraphs, delete the word "officer"
wherever it appears and substitute the words --elected and
appointed officials-- to coincide with the title of the
resolution.
Mr. Chairperson, on behalf of the Finance Committee, I move
the acceptance of the foregoing report.
FINANCE COMMITTEE
November 7, 1985
Miscellaneous Resolution If 85339
By:
In 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 County of Oakland has not been able to renew its Public
Officials Liability Policy which protected County officials and employees against
civil actions for any alleged error or mis-statement or act or omission or
neglect or breach of duty including misfeasance, malfeasance, or nonfeasance,
in the discharge of their duties; and
WHEREAS, the County of Oakland may not be able to renew its
primary coverage under the Broad Form Comprehensive General Liability Policy
which includes all elected and appointed officials and employees as named
insured; and
WHEREAS, the County Administration has taken action to protect the
County Judges by purchasing a separate Judicial Professional Liability Policy;
and
WHEREAS, the County Employee Benefits description section of the public
Merit System booklet indicates that the County will provide personal injury
coverage for all employees as named insured on the County policies; and
WHEREAS, 1964 PA 170, as amended, authorizes indemnification of public
officers and employees while acting on behalf of the County within the scope
of their authority.
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.
Mr. Chairperson, I move the adoption of the foregoing resolution.
#85339 November 21, 1985
this 21St day of November 1 985
ALLEN
CounAy Clerk/Register of Deeds
Moved by Caddell supported by Moffitt the report be accepted.
A sufficient majority having voted therefor, the report was accepted.
Moved by Caddell supported by Skarritt the resolution be adopted.
Moved by Caddell supported by Page the resolution be amended as recommended
in the Finance Committee report.
A Sufficient majority having voted therefor, the amendment carried.
Vote on resolution as amended:
AYES: Nelson, Olsen, Page, Pernick, Rewold, Skarritt, Webb, Wilcox, Aaron, Caddell,
Calandro, Doyon, Fortino, Gosling, Hassberger, Hobart, R. Kuhn, S. Kuhn, Lanni, Law,
McConnell, McDonald, McPherson, Moffitt. (24)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution, as amended; was adopted.
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, Lynn D. Allen, Clerk of the County of Oakland and having a seal, .
do hereby certify that I have compared the annexed copy of the attached
Miscellaneous Resolution adopted by the Oakland County Board of Commissioners
at their meeting held on November 21, 1935
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, I have hereunto set my hand and affixed the
seal of said County at Pontiac, Michigan