Laserfiche WebLink
RESOLUTION NO. <br /> <br />A RESOLUTION RELATING TO THE LEGAL DEFENSE AND !~EMNIFICATION <br />OF OFFICERS, COMMISSIONERS, AS~ ALTE~{ATE COMMISSIONERS OF THE <br /> LOWER RUM }~IVER WATERSHED MANAGE~ENT ORGANIZATIO~ <br /> <br /> WHEREAS, in recent years there has been a loss of sovereign <br />immunity for municipal functions and municipal corporations and their <br />officers, employees and agents have been joined in litigation and officers, <br />employees and agents have been named individually in lawsuits, and <br /> <br /> WHEREAS, as a result of this trend in the law, it becomes more <br />difficult to obtain the services of residents of our member Cities or City <br />employees to serve on the Organization and to assume individual liability <br />when act~n~ on behalf of the C~.ty and all people within the watershed, end <br /> <br /> WDEREAS, persons serving on Municipal Committees and Commissions <br />are in the normal course of events participants in many controversial <br />decisions which result in litigation and subject the individuals to concern <br />regarding personal liability, and <br /> <br /> WHEREAS, it is the purpose of this Resolution to unequivocally <br />state that the Lower Rum River Watershed Management Organization will <br />protect its Officers, Commissioners, and Alternate Commissioners in <br />periormin§ their d~ties promoting the public health, safety and general <br />welfare of persons in the watershed. Commissioners, Alternate <br />Commissioners, and Officers of the Organization must bt in a position to <br />make decisions when they are needed and to advise, require and recommend to <br />Cities that are members of the Organization how to implement decisions of <br />their Organization. Action on controversial subjects and decisions made <br />in establishing policy can and will result in alleged errors on the part of <br />Commissioners, Alternate Commissioners and Officers of the Organization <br />and the determination is that it is better for said officials to act and risk <br />some error or possible injury from such actions, rather than not to act at <br />all and to jeopardize the health, safety and general welfare of persons <br />living or owning property within the watershed, and <br /> <br /> WHEREAS, the public health, safety and general welfare will be <br />promoted and preserved by providing assurances to these individuals that <br />they will be supported by the Organization in carrying out their official <br />duties, and <br /> <br /> W~EREAS, the availability of insurance has been investigated and <br />it is determined that the Commissioners will generally be performing <br />intentional discretionary acts and the insurance Would not pay damages, but <br />would only pay legal defense costs, and it is determined that the costs <br />exceed the benefits and the Organization can and should provide protection, <br />and <br /> <br /> WHEREAS, uhe Organization does ~ot own or lease <br />does it have any full-time ~m~love~, and ~ ~oe~ nor = ~.~ <br />or ccnstruc[ing projects and, therefore, most of the actfvities covered by <br />insurance are ncz ap[i"cable to this Organization. <br /> <br /> <br />