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STATE OF MINNESOTA
COUNTY OF RAMSEY
CITY OF ARDEN HILLS
RESOLUTION NO. '7j/-//
A RESOLUTION INDEMNIFYING AND AGREEING
TO DEFEND COUNCILMEN
WHEREAS, Section 466.07 of Minnesota Statutes, as
amended, authorizes a municipality to indemnify, hold harmless
and defend any of its officers and employees, whether elective
or appointive, against any tort claim or demand, whether ground-
less or otherwise, arising out of an alleged act or omission
occurring in the performance of duty except in the case where
said claim or demand arises out of .alfeasance in office or
willful or wanton neglect of duty, and
WHEREAS, the City Council has the inherent power to
indemnify its Councilmen with respect to claims or demands made
as a result of the Council's making a decision or taking an
action in any case before it, and
WHEREAS, the Council has heretofore never adopted a
policy with respect to the indemnification of its Councilmen
and deems it now in the public interest to do so,
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE ARDEN
HILLS CITY COUNCIL that the City of Arden Hills hereby agrees
to indemnify, hold harmless and defend each of the Councilmen
serving on its City Council from and against any and all claims,
demands, suits, judgments, and costs, including attorneys' fees
and disbursements, in any way arising out of an alleged act or
omission of each said Councilman occurring in the performance
of his duties on behalf of the City including, but not limited
to, any decision made or action taken by him collectively with
the other Council.en with respect to any case before the City
Council--subject, however, to the limitations set forth in the
next succeeding paragraph hereof.
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BE IT FURTHER RESOLVED, that in implementing the fore-
going indemnification resolution, the City Council shall first
make the following determinations and embody them in a Resolu-
tion specifically relating to each particular case:
1. That the claim or demand arose out of the
performance by the Councilman of his
duties as such;
2. That the claim or demand does not involve
malfeasance in office or willful or wanton
neglect of duty by the Councilman;
3. That the Councilman was acting in good
faith in performing the duties which have
resulted in the claim or demand; and
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4. That, in the case of a judgment rendered
against a Councilman, it is fitting and
proper to pay the judgment and in the
best interest of the City of Arden aills
after considering all of the facts and
circUlllstances.
BE IT FURTHER RESOLVED, that this Resolution shall be
retroactively effective as of January 1, 1978 and shall continue
in force and effect until repealed or amended by further action
of the Arden Hills City Council.
~assed by the Arden Hills City Council this 13th day
of February, 1978.
, Jr.,
ATTEST:
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Charlotte McNiesh,
Clerk-Administrator
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