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CITY OF PLEASANTON <br />COUNTY OF ALAMEDA <br />STATE OF CALIFORNIA <br /> <br />RESOLUTION NO. 77-5 <br /> <br /> A RESOLUTION AUTHORIZING THE ACQUISITION OF <br /> DEFENSE COUNSEL FOR OFFICERS YATES AND <br /> CRABTREE IN THE CASE OF LOPEZ VS. THE CITY <br /> OF PLEASANTON <br /> <br />WHEREAS, the City of Pleasanton is involved in litigation with <br /> one Michael Lopez as a result of an arrest made by <br /> officers Crabtree and Yates of the City of Pleasanton; <br /> and <br /> <br />WHEREAS, Officers Crabtree and Yates are named in said suit to- <br /> gether with the City of Pleasanton as additional de- <br /> fendents; and <br /> <br />WHEREAS, officers Yates and Crabtree submitted a letter to the <br /> City Manager of December 28, 1976 requesting the City <br /> to provide defense counsel for them in the above titled <br /> action; and <br /> <br />WHEREAS, Government Code S825 provides statutory authority for <br /> an employee to request a public entity to defend him <br /> against a claim or action for injury arising out of an <br /> act or omission occurring within the scope of employ- <br /> ment; and <br /> <br /> WHEREAS, said section further provides that the City shall pay <br /> any judgment based upon the suit or claim or any com- <br /> promise or settlement of the same to which the City <br /> has agreed to rmke payment provided, however, said pay- <br /> ment does not include punitive or exemplary damages; <br /> and <br /> <br /> WHEREAS, two federal court cases indicate that there is a manda- <br /> tory duty on the part of public entities in California <br /> <br /> <br />