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MINUTES OF A
SPECIAL MEETING OF THE CITY COUNCIL
CITY OF ROLLING HILLS, CALIFORNIA
March 7, 1980
A special meeting of the City Council of the City of Rolling Hills
was called to order at the Administration Building, 2 Portuguese Bend
Road, Rolling Hills, California by Mayor Swanson at 7:OO.A.M. Friday,
March 7, 1980.
ROLL CALL
PRESENT: Councilmen Heinsheimer, Pernell, Rose, Mayor Swanson
ABSENT: Councilman Crocker
ALSO PRESENT: Teena Clifton City Manager
June Cunningham Deputy City Clerk
LAW ENFORCEMENT SERVICES AGREEMENT
Mayor Swanson announced that the purpose of the special meeting
was to consider whether to sign the Law Enforcement Services Agreement
as presented by the March 7, 1980 deadline. The Mayor reviewed the
Council's action at a regular meeting on February 25, 1980 at which
she was authorized to execute the agreement, subject.to approval by
the City Attorney.
Mayor Swanson said that Mr. Kinley reviewed.the agreement, and in
a letter dated February 27 he stated that the agreement was satisfactory
as to form. In a subsequent conversation with the Mayor Mr. Kinley said
that although the agreement was satisfactory as to form, whether to ex-
ecute it with the provision that the County could terminate the agree-
ment at any time by giving thirty days prior written notice to the City
was a legislative decision that must be made by the Council. The Mayor
said there is an agreement between the County and the Contract Cities
Association's Legal Committee that no contract may be changed without
first giving notice to the Committee that the change is being considered,
and this was.not done. Mayor Swanson said that Rancho Palos Verdes and
Rolling Hills Estates had deleted the sentence which changed the County's
requirements for termination of the agreement before those cities exe-
cuted the agreement.. Mayor Swanson said she talked with Supervisor
Yvonne Burke, and was assured by her that she would intervene if .any
static resulted from deleting the sentence .which defined the County's
cancellation privilege, and further, Supervisor Burke indicated that
deleting the requirement from'the agreement would not jeopardize the
City's service by the Sheriff.
Councilman Heinsheimer said that in effect the City would have a
thirty day agreement with the County for Sheriff's services. Council-
man Pernell said he is concerned that the County by-passed the Contract
Cities' Legal Committee, and he moved that on page 5, the first sentence
in the first.paragraph be deleted. The motion was seconded by Mayor
Swanson, and she said the Contract Cities recommended that the sentence
be stricken from the agreement. The motion was carried by the following
roll call vote:
AYES: Councilmen Heinsheimer, Pernell, Rose, Mayor Swanson
NOES: None
ABSENT:. Councilman Crocker
Councilman Heinsheimer said other cities in the Contract Cities
Association should reveive a letter advising them of Rolling Hills
action in the matter.
Councilman Pernell was excused from the meeting at 7:30 A.M.
344
March 7, 1980
Councilman Rose said he was concerned about the final paragraph
on page 3 which states that County officers and employees shall be
deemed to be officers or employees of the City while performing ser
vice for the City, and he asked whether that would put them under the
City's insurance contract. The Manager said that clause has been in
previous agreements, and she explained that Contract Cities Association
tried over the years to define the posture law enforcement personnel
would find themselve in so they would report to the agency being served
as if they were employees. Councilman Rose asked whether the City's
insurance carrier is aware of this. Mrs. Clifton said they have been
given every agreement ever signed by the City, and the City Attorney
has reviewed all agreement. She suggested that the Mayor be asked to
bring the matter up, either in a letter or discussion, with the Contract
Cities' legal committee, and request a clarification, and said she
would also discuss it with the City's carrier. Mayor Swanson said Con-
tract Cities has its own insurance group, to which most cities belong.
Councilman Rose .skirl if the County is self-insured, the City would
not be An included insured, and it could be very expensive for the City,
if there was an injury in connection with the Sheriff's service within
the City. He said there is a difference, liability -wise, depending on
whether the Sheriff is an employee or an independent contractor.
Mayor Swanson asked whether the City could be required to carry
any of the overhead under provisions of the agreement if the Sheriff.
is considered an employee of the City. Mrs. Clifton said the agreement
was reviewed by staff and attorneys of Contract Cities on several
occasions. Mayor Swanson said they should be advised of the City's
concern. Councilman Rose said the County Counsel could be asked to
defend the City in matters of litigation regarding conduct of their
officers in performing duties within the City, and he suggested that
this be included in a letter to the County Counsel. Councilman Rose.
said such an agreement would protect the City, since there is a clear
trend to sue law enforcement officers when they become involved in
intentional injurious.conduct.. Mrs. Clifton said ICMA has some kind
of insurance coverage covering Council because of the trend to sue the
Council, and she said she would look into it. Councilman Rose said
a lawyer representing an injured policeman in a workers compensation
case would consider the injured policemen an employee of the City with
regard to workers' compensation, under a ramification of the agreement.
Mayor Swanson said she would write a letter to the Contract Cities
Executive Board and .ask whether the legal committee studied the issue,
and recommend that the County Counsel be asked to defend the City in
connection with it. Councilman Rose suggested that the Mayor state
that the Council is concerned about the paragraph because it exposes
the City to potential legal liability in case of misconduct by an of
ficer, or for workers' compensation for an officer injured while work-
ing for the City. Councilman Rose said one solution would be insertion
of a clause whereby the County would agree to defend the City if sued.
ADJOURNMENT
Mayor Swanson adjourned the meeting at 7:45 A.M.
APPROVED:
Mayor
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