HomeMy WebLinkAboutresolution.council.027-91 RESOLUTZON NO.
(Series of 1991)
A P~ESOLUTZON OF THE CITY COU/qCIL FOR THE CITY OF ASPEN, COLORADO,
AUTHORIZING LEGAL DEFENSE SERVICES AND INDEMNIFICATION FOR
ROXA_NNE EFLIN, SANDRA M. STULLER, AND THE LAW FIP~M OF MYLER,
STULLER & SCH-WARTZ~ ARISING FROM PENDING LITIGATION.
WHEREAS, on or about February 20, 1991, Civil Action No. 91-
C-255, Artes-Rov v. The Citv of AsPen, et al., was commenced in
the United States District Court for the District of Colorado;
and
WHEREAS, since the commencement of the above-noted litiga-
tion, the plaintiffs have amended their complaint on two occa-
sions so as to add new municipal defendants, to wit, Ro×anne
Eflin, Historic Preservation Officer for the City of Aspen, and
Sandra M. Stuller, Special Counsel for the City of Aspen; and
~HEREAS, plaintiffs' claims against Ms. Eflin and Ms.
Stuller seek monetary damages pursuant to Section 1983 of Title
42 of the United States Code arising from alleged vio]ations of
the constitutions and laws of the United States and State of
Colorado; and
WHEREAS, plaintiffs have sued Ms. Eflin and Ms. Stuller in
their official and individual capacities; and
WHEREAS, City Council finds that the claims against Ms.
Eflin and Ms. Stuller as alleged by plaintiffs are frivolous and
made in bad faith; and
~VHEREAS, City Council finds that it is in the public inter-
est to provide municipal employees and agents a vigorous and
complete defense to all of the allegations as set forth in the
matter of Artes-RoV v. The city of Aspen, et al., including a
defense and indemnification from all allegations and Judgements
for compensatory and punitive damages; and
W/~EREAS, nothing contained in this Resolution shall be
intended or constr~ed to sanction, ratify or approve of unconsti-
tutional or willful conduct on the part of any employee or agent
of the City of Aspen.
NOW, THER/EFORE, BE IT RESOLV]ED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, CO~DO that the City of Aspen shall defend and
inde~ify Roxanne Eflin, Sandra M. Stuller and Myler, Stuller &
Schwartz, both in their individual and official capacities, from
all claims and Jud~ents asserted against them in Artes-Rov v.
The City of Aspen, et al., including Jud~ents for punitive or
exemplary damages as may arise therefrom.
~SOLVED, APPROVED ~D ADORED this ~ day of
, 1991.
I, Kathryn S. Koch, duly appointed and acting City Clerk do
certify that the foregoing is a true and accurate copy of that
resolution adopted by the City Council of the City of Aspen,
Colorado, at a meeting held /~ -~ , 1991.
Jc715.2 Kathryn ~Koch, City Clerk