HomeMy WebLinkAboutResolution 2005-047 authorizing an indemnification agreement with mayor bobby sutton
MARANA RESOLUTION NO. 2005-47
RELATING TO MAYOR AND COUNCIL; APPROVING AND AUTHORIZING THE VICE
MAYOR TO EXECUTE AN INDEMNIFICATION AGREEMENT WITH MAYOR BOBBY
SUTTON, PROVIDING FOR PAYMENT OF ATTORNEYS' FEES AND COSTS ARISING
OUT OF UNITED STATES DISTRICT COURT, DISTRICT OF ARIZONA, CASE NUMBER
CROS 0826 TUC, SUBJECT TO CERTAIN CONDITIONS, AND DECLARING AN EMER-
GENCY
WHEREAS, Mayor Bobby Sutton has been indicted in United States District Court, District
of Arizona, case number CROS 0826 TUC, arising out of alleged criminal conduct in connection
with meetings and discussions involving overweight hauling by Waste Management, Inc.; and
WHEREAS, the Town finds that failure or refusal to pay the costs and attorneys' fees of a
Town officer who ultimately succeeds in defending himself against allegations of wrongful conduct
in the scope of his office could substantially and adversely affect the Town of Marana by dissuad-
ing qualified individuals from seeking or retaining political office; and
WHEREAS, Town Code Section 2-10-2 requires the Town to exonerate, indemnify and
hold harmless any Town officer or official from and against any liability or loss arising out of or
occasioned by his or her service as a Town officer.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF
MARANA, that the indemnification agreement between the Town of Maran a and Bobby Sutton, Jr.,
attached to and incorporated by this reference in this resolution as Exhibit A is hereby approved, the
Vice Mayor is hereby authorized to execute it for and on behalf of the Town of Marana, and the
Town's Manager and staff are hereby directed and authorized to undertake all other and further tasks
required or beneficial to carry out its terms.
IT IS FURTHER RESOLVED that it is necessary for the preservation ofthe peace, health,
and safety of the Town of Marana that this resolution become immediately effective; therefore, an
emergency is hereby declared to exist and this resolution shall be effective immediately upon its pas-
sage and adoption.
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4126120056:31 PM FJC.·cds
PASSED, ADOPTED, and APPROVED by the Town Council ofthe Town of Maran a, Ari-
zona, this 26th day of April, 2005.
ATTEST:
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Vice Mayor Herb Kai
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INDEMNIFICATION AGREEMENT
THIS AGREEMENT ("Agreement") is made and entered into by and between THE TOWN OF
MARANA, an Arizona municipal corporation (the "Town") and BOBBY SUTTON, JR., the Town's
Mayor (the "Mayor"). The Town and the Mayor are sometimes collectively referred to as the
"Parties," either of which is sometimes individually referred to as the "Party."
RECITALS
A. The Mayor has been indicted in United States District Court, District of Arizona, case
number CR05 0826 TUC, arising out of alleged criminal conduct in connection with meetings
and discussions involving overweight hauling by Waste Management, Inc. (the "WM Matter").
B. The Mayor represents to the Town that he participated in the meetings and discussions
that are the subject of the WM Matter in the scope of his position as Mayor of the Town of Ma-
rana.
C. The Town desires to reimburse the Mayor for any and all costs and attorneys' fees in-
curred in successfully defending himself against the allegations of wrongful conduct that are the
subject of the WM Matter, provided they are ultimately not substantiated by a conviction or plea
of guilty or no contest, and provided that his participation in the WM Matter was in fact in the
scope of his position as Mayor of the Town of Marana.
D. The Town finds that failure or refusal to pay the costs and attorneys' fees of a Town
officer who ultimately succeeds in defending himself against allegations of wrongful conduct in
the scope of his office could substantially and adversely affect the Town of Marana by dissuad-
ing qualified individuals from seeking or retaining political office.
E. Town Code Section 2-10-2 requires the Town to exonerate, indemnify and hold harm-
less any Town officer or official from and against any liability or loss arising out of or occa-
sioned by his or her service as a Town officer.
AGREEMENT
Now, THEREFORE, in consideration of the foregoing premises and the mutual covenants set
forth in this Agreement, the Parties hereby agree as follows:
1. Payment of reasonable defense costs and attorneys' fees. The Town will pay all reason-
able costs and attorneys fees incurred by the Mayor in connection with the prosecution of the
WM Matter, as follows:
(A) Upon dismissal or acquittal of the Mayor in the WM Matter, the Mayor shall submit
to the Town an itemized statement of costs and fees actually incurred by the Mayor in the
WM Matter.
(B) Within fifteen days after receiving the itemized statement, the Town may request any
additional information it reasonably requires to determine that the actions and participation
{00000693.DOc I}
TOWN OF MARANA /BOBBY SUTTON, JR.
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INDEMNIFICATION AGREEMENT
4/26/2005 6:32 PM
by the Mayor in the WM Matter were undertaken in good faith and arose out of or was occa-
sioned by his service as mayor.
(C) Within thirty days after receiving the itemized statement and determining that the ac-
tions and participation by the Mayor in the WM Matter were undertaken in good faith and
arose out of or was occasioned by his service as mayor, the Town shall pay to the order of
the Mayor all reasonable costs and attorneys fees incurred by the Mayor in connection with
the prosecution of the WM Matter.
2. Amendment. This Agreement shall not be modified except by written agreement executed
by the Parties.
3. Conflict of Interest. This Agreement is subject to A.R.S. § 38-511, which provides for can-
cellation of contracts in certain instances involving conflicts of interest.
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the last date set forth
below their respective signatures, which shall be the effective date of this Agreement.
THE TOWN: THE MAYOR:
THE TOWN OF MARANA, an Arizona
municipal corporation
By:7£//Z~~ .
Herb Kai, Vice Mayor
Date: '¡-.:(6 -&5
Bobby Sutton, Jr.
Date:
APPR~ ,.tri AS '0, ORM:
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~rank Cassidy, Town A
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/STATE OF ARIZONA )
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County of Pima )
The foregoing instrument was acknowledged before me on
Bobby Sutton, Jr.
, 2005 by
My commission expires:
Notary Public
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TOWN OF MARANA /BOBBY SUTTON, JR.
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INDEMNIFIcA TION AGREEMENT
4/26/2005 6:32 PM