HomeMy WebLinkAbout1985-231
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RESOLUTION NO. 85-231
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO SUPPORTING SENATE BILL NO. 969 RELATING TO PUBLIC
LIABILITY FOR PUNITIVE DAMAGES.
WHEREAS, plaintiffs in lawsuits instituted against public
officials and employees are increasingly seeking punitive
damages knowing that because such officers and employees are
personally liable, there is greater pressure towards settlement
of the litigation even where such claims are not well founded; and
WHEREAS, existing law, particularly Government Code Section
990, authorizes a local public entity to insure against its
liability and its employees' liability, and such entity is
authorized to ensure against the expense of defending a claim
against it or its employees, including a claim for punitive
damages; and
WHEREAS, such public entity is not authorized to insure
for payment of part of a judgment that is for punitive
damages; and
WHEREAS, Senate Bill No. 969 would authorize a local public
entity to insure, contract or provide against liability for a
claim, including a claim for punitive damages; and
WHEREAS, it is believed that municipalities should have
punitive damages,
NOW, THEREFORE, THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO DO HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The legislative body of the City of San
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Bernardino supports and endorses the provisions of Senate Bill
No. 969 and urges the State Assembly to approve and enact such
legislation, and further urges the Governor of the State of
California to approve Senate Bill No. 969 which would authorize
a local public entity to insure, contract or provide against
liability for a claim, including a claim for punitive damages.
SECTION 2. The City Clerk of the City of San Bernardino
is directed to forward a copy of this resolution to the
Governor of the State of California and Assemblymen Leonard
and Eaves of the State Assembly, and to forward additional
copies to League of California Cities, the Council of Self-
Insured Public Agencies, and the California Public Agencies
Risk Management Managers' Association.
I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common Council of the City of San
Bernardino at a
reqular
meeting thereof, held
on the 17th day of
June
, 1985, by the
following vote, to wit:
AYES:
Council. Members
Estrada. Reillv. Hernandez.
Marks 0 Ouiel. Strickler
NAYS:
None
ABSENT:
Council Member Frazier
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2 of
The foregoing resolution is hereby approved this Ir~ay
June
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Approved as to form:
X~~~9
City A orney
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, 1985.
Mag~A '{!~ Bernardino
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