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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
RESOLUTION NO. 84-52
PAGE TWO
WHEREAS, the City Council has determined to
accomodate said employees, and for no reason other than
accomodation, has determined to employ separate counsel for
their defense without waiving the provisions of Government
Code ~ 995.2.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF SANTA ANA AS FOLLOWS:
The Mayor and Clerk of the Council are authorized
to Sign that certain agreement for legal services by and
between the City of Santa Ana and Thomas B. Cummings,
Attorney at Law, for legal representation of said employees
in the aforementioned federal lawsuit.
ADOPTED this 23rd day of April , 1984.
ATTEST:
COUNCILMEMBERS:
Luxembourger Aye
Griset Aye
Acosta Aye
Bricken
Johnson Aye
McGuigan
Young Absent
APPROVED AS TO FORM: