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RESOLUTION 82-17 zn) li)14-. 01/11---/ 110 A RESOLUTION EXPRESSING CITY COUNCIL SUPPORT FOR ADMINISTRATIVE AND ENFORCEMENT ACTIONS TAKEN BY CITY OFFICIALS WHEREAS, Certain City officials and staff are required to make and enforce decisions regarding interpretations or applications of state and local laws and to generally protect the public health, safety and welfare; and, WHEREAS, The City's appointed officials and staff strive to make decisions and take actions which are beneficial to the community as a whole and which always consider the best interests of the community; and, WHEREAS, While the City officials and staff strive to make reasonable decisions benefiting the entire community, there is very often not any time to ponder a situation and to consult other outside sources of information prior to making a decision; and, WHEREAS, Police Department actions in particular, are more often than not decisions which need to be made immediately without a great deal of time for consul- tation or review of the situation and also, typically under a certain amount of pressure; and, WHEREAS, When City officials and staff make decisions that are reasonable and prudent and intended to benefit the entire community and in the best interests of the community, and said decisions are subjected to judicial review and scrutiny after the fact, such as in the Axelson vs. the City of Elk River 4 Lawsuit in which a City decision was overruled and damages and fines im- posed based upon said decision, such judicial review may lead to hesitancy on the part of City officials and staff in the proper performance and func- tioning of their jobs. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Elk River that in cases where City officials and staff and in particular, Police Department officers, are required to make decisions regarding the interpretation or application of laws and which affect the public health, safety and welfare of the citizens of Elk River and when said decisions are made in a reasonable and prudent fashion by the appro- priate City official or staff, the City Council will support the decision of the appropriate City offical or staff member and defend said action or decision and the employee's right to make such decision in the judicial system. BE IT FURTHER RESOLVED by the City Council of the City of Elk River that in the event the City is unsuccessful in its defense of an employee and any prudent and reasonable decision made by said employee, that the City will assume the responsibi- ty for any fines or damages imposed upon said individual employee as a result of his or her decision in their capacity as a City employee. Passed and adopted this 23rd day of August, 1982. ATTEST: Richard Hinkle, Mayor Robert C. Middaugh, City Administrator