HomeMy WebLinkAboutResolution 02-49 10/21/2002
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RESOLUTION NO 0?-4Q
A RESOLUTION REJECTING DEFENSE OF A FORMER EMPLOYEE LINDA GALLACHER, AND
PROHIBITING PUBLIC FUNDS TO BE PAID IN SETTLEMENT OF THE CLAIM OR IN PAYMENT OF
ANY JUDGMENT AGAINST FORMER EMPLOYEE LINDA GALLACHER.
WHEREAS, on September 11, 2002 former employee Linda Gallacher, represented by attorney
Marc A. Spence made a written request for counsel with the City of Springfield in Lane County
Circuit Court Case No. 16-02-14583, and
WHEREAS, pursuant to ORS 30.287 following a written request for counsel made by an
employee who is named as a defendant in a suit in which the suit alleges acts or omissions in the
performance of duty the City must conduct an investigation, and
WHEREAS, the purpose of the investigation is to determine whether the claim or demand arises
out of an act or omission that occurred in the performance of duty, or whether the act or
omission complained of amounted to malfeasance in office or willful or wanton neglect of duty,
and
WHEREAS, if it is determined that the act or omission was not done in the performance of duty
or that it was malfeasance or willful or wanton neglect of duty, then the governing body shall
reject defense of the claim.
NOW THEREFORE, THE CITY OF SPRINGFIELD DOES RESOLVE AS FOLLOWS:
Section 1: The Common Council of the City of Springfield does hereby find that the acts or
omissions alleged to be in the performance of duty in the complaint for damages filed by Donna
Esauk against City of Springfield, Linda Gallacher and Does 1 - 8 -in Lane County Circuit Court
Case No. 16-02-14583 is based on acts of former employee Linda Gallacher that were not--
committed in the performance of duty and that said acts constituted malfeasance in office and
were willful or wanton neglect of duty.
Section 2: The Common Council hereby rejects defense of the claim.
ADOPTED by the Common Council of the City of Springfield this 21 day of October, 2002,
by a vote of ~ for and --D- against. The effective date of this Resolution is October 21, 2002.
APPROVED by the Mayor of the City of Springfield this 21
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City Recorder
hc\llEWEO & APPROVED
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OFFICE OF CITY ATTORNEY