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1976-065 OrdinanceORDINANCE 1976- 65 Offered by Councilman Markel AN ORDINANCE PROVIDING FOR LEGAL OFFICIALS AND MEMBERS OF COUNCIL, ILARHLESS FROM COST, AND DECLARING DEFENSE OF CITY TO HOLD THEM AN EM ERG ENCY. ~qqEREAS, lawsuits have been filed in the past and duly appointed and acting officers of the their official capacities and individually; against City of elected o'ffici al s Fairlawn, both in NOW THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE CITY OF FAIRLAWN, OHI Se fo of an or of rna ction 1: That the City of Fairlawn does hereby assume responsiSility r providing the legal defense of any lawsuit against any duly elected ficial and any duly appointed officer of said city, ~oth individually d as such official or oJ~ear, alleged to have arisen out of any act failure to act within the 'scope of the regular official duties of sue ficial or officer, provided that such act or failure to act was not licious, motivated for private gain and did not constitute misfeasance lfeasance or nonfeasance. Section 2' The members of City Council, when acting in good declared exempt from individual liability for the exercise of legislative discretion in voting, as members' of Council, for any proposed legislation, before them for consideration. fai th, are their or against Section ~: That the City ~f'Fairlawn shall hold any such official or officer harmless from cost or liability arising out of the good faith performance of official duties. _ Section 4' The City of Fairlawn Director of Law and/or Special Counsel may be designated by Councilmember requiring defense under this ordinance as the Attorney or Attorneys at Law to defend any such action. Special Counsel may also be designated by Council in any case wherein.the Direc- tor of Law is named a party Defendant. Section 5' That it .is hereby found and determined that this complies with Section 121.22, O.R.C. regarding notification and all deliberations of this Council pertaining hereto have ducted in accordance therewith. legislation of meetings been con- Section 6- This Ordinance is declared to be an emergency measure neces- sary to_the heal_th, safety and_welfare_of_the_ residents_of_ the City-of__ Fairla~n for the reason that the elected and appointed officials of the City of Fairlawn must he unencumbered by the threat of personal lawsuits so as to be free to exercise their duties in good faith, and it shall therefore be in full force and effect from and after its enactment and approval by the Mayor, or at the earliest time allowed by law. Enac ted- May 17 .. , 1976 Wi lli am F. Clerk of Council President of Council May 17 Jo'S~p~/ X. Ha~t~aub 1976 Approved as to Form' _,-,~ ~ooert H. Maxson Director of' Law . (Revised ~-19-76) 1976 - 65 as amended