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EJC:ar 4/19/84 RESOLUTION NO. 84- 52 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING EXECUTION OF AN AGREEMENT FOR LEGAL SERVICES WITH THOMAS B. CUMMINGS WHEREAS, the City of Santa Ana and various named employees are defendants in that certain lawsuit pending in federal court entitled "Sanchez, et al. v. City of Santa Ana, et al.," Case No. CV-79-1818-Kn; and WHEREAS, Government Code ~ 995 provides that upon request of an employee, public entities must provide for the defense of employees in civil suits arising out of an act or omission in the scope of employment; and WHEREAS, Government Code ~ 995.2 provides the basis for refusal to provide a defense for employees; and WHEREAS, Government Code public entity may employ counsel for ing a defense; and 996 provides that a the purpose of provid- WHEREAS, by reason of that certain agreement for legal services by and between the City of Santa Ana and Paul, Hastings, Janofsky & Walker, dated April 18, 1983, the City of Santa Ana has complied with the Government Code provisions recited hereinabove; and WHEREAS, certain employees of the City of Santa Ana, Police Department, to wit, John Collins, Jim McDaniels, Michael Lanners, John Dittus, and Richard Faust, hereinafter referred to as "said employees," refuse to be represented in the aforementioned lawsuit by Paul, Hastings, Janofsky & Walker, apparently on the advice of their own counsel, Petersen & Ferguson, a law corporation; and WHEREAS, the City Council of the City of Santa Ana has not been advised by said employees or their counsel of any legitimate, factual reasons for their refusal to accept such representation, including, without limitation, the reasons why they assert a conflict between themselves and employees represented by Paul, Hastings, Janofsky & Walker; and