HomeMy WebLinkAboutresolution.council.011-91 RESOLUTION NO.
(Series of 1991)
A RESOLUTION OF TH~ CITY COUNCIL FOR THE CITY OF ASPEN, COLORADO,
AUTHORIZING LEGAL DEFENSE SERVICES AND INDE~IFICATION FOR
CERTAIN MUNICIPAL EMPLOYEES ARISING FROM PENDING LITIGATION.
WHEP~EAS, on or about February 20, 1991, Civil Action No. 91-
C-255, Edward Artes-Rov and Kristie Al-tee-Roy v. The City of
Aspen, et al., was commenced in the United States District Court
for the District of Colorado~ and
WHEREAS, said litigation seeks monetary damages against the
City of Aspen, the City Attorney and Gary L!rman and Erik Peltonen
of the Building Department pursuant to Section 1983 of Title 42
of the United States Code arising from alleged violations of the
constitutions and laws of the United States and State of Colo-
rado; and
WHEREAS, the City Attorney and Gary Lyman and Erik Peltonen
of the Building Department have been named as par~y defendants in
said litigation in both their official and individual capacities;
and
WHEREAS, said litigation involves allegations of wanton and
willful conduct against the individually-he,ned defendants and may
seek punitive damages and injunctive relief; and
WHEREAS, City Council finds that it is in the public inter-
est to provide the City and its agents and employees a vigorous
and complete defense to all of the allegations as set forth in
the above-described complaint, including a defense and !ndem-
nification from all allegations and Judgments for punitive
damages; and
WHER53~, nothing contained in this resolution shall be
intended or construed to sanction, ratify or approve of uncon-
stitutional or willful conduct on the part of any employee or
agent of the City of Aspen.
NOW, T~I~R~FORE, BE IT RESOLVED BY ~ CITY COUNCIL OF THE
CITY OF ASPEN, CO~DO, that the City of Aspen shall defend and
inde~ify the City Atto~ey and Ga~ L~an and Erik Peltonen of
the Building Depa~ment as named in their official and individual
capacities in the above-described litigation from all allega-
tions, settlements and Jud~ents that may arise therefrom,
including Jud~ents for p~itive or ex~pla~ damages.
William L. Stirlin~, M~or
I, Kathr~ S. Koch, duly appointed and acting City Clerk do
certify that the foregoing is a t~e and accurate copy of that
resolution adopted by the City Council of the City of Aspen,
Colorado, at a meeting held ~t~ // , 1991.
Ka~h~ S~och, City Clork