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Home My WebLink About04/26/2005 Special Council Agenda Packet TOWN OF MARANA, ARIZONA SPECIAL COUNCIL MEETING AGENDA 13251 N. Lon Adams Road April 26, 2005 - 7:00 p.m. Mayor Vice Mayor Council Member Council Member Council Member Council Member Council Member Bobby Sutton, Jr. Herb Kai Jim Blake Patti Comerford Tim Escobedo Ed Honea Carol McGorray Welcome to this Marana Council Meeting. Regular Council Meetings are usually held the first and third Tuesday of each month at 7:00 p.m. at the Marana Town Hall, although the date or time may change, or Special Meetings may be called at other times and/or places. Contact Town Hall or watch for posted agendas for other meetings. This agenda may be revised up to twenty-four hours prior to the meeting. In such a case a new agenda wiIJ be posted in place of this agenda. If you are interested in speaking to the Council during Petitions and Comments, Public Hearings, or other agenda items, you must fill out a speaker card (at the rear of the Council Chambers) and deliver it to the Clerk in advance of the agenda item you wish to address. It is up to the Mayor and Council whether individuals wiIJ be allowed to address the Council on issues other than Announcements, Petitions & Comments, and Public Hearings. All persons attending the Council Meeting, whether speaking to the Council or not, are expected to observe the Council Rules, as well as the rules of politeness, propriety, decorum and good conduct. Any person interfering with the meeting in any way, or acting rudely or loudly will be removed from the meeting and will not be allowed to return. To better serve the citizens of Marana and others attending our meetings, the Council Chamber is wheelchair and handicapped accessible. Any person who, by reason of any disability, is in need of special services as a result of their disability, such as assistive listening devices, agenda materials printed in Braille or large print, a signer for the hearing impaired, etc., will be accommodated. Such special services are available upon prior request, at least ten (10) working days prior to the Council Meeting. For a copy of this agenda or questions about the Council Meetings, special services, or procedures, please contact Jocelyn C. Bronson, Town Clerk, at 682-3401, Monday through Friday from 8:00 a.m. to 5:00 p.m. ACTION MAY BE TAKEN BY THE COUNCIL ON ANY ITEM LISTED ON THIS AGENDA. Amended agenda items appear in italics. Posted no later than April 25, 2005 at 7:00 o'clock p.m., at the Marana Town Hall and at www.marana.com under Town Clerk, Minutes and Agendas. 1 TOWN OF MARANA, ARIZONA SPECIAL COUNCIL MEETING AGENDA 13251 N. Lon Adams Road April 26, 2005 - 7:00 p.m. I. CALL TO ORDER II. ROLL CALL III. GENERAL ORDER OF BUSINESS A. COUNCIL ACTION 1. Executive Session pursuant to A.R.S. ~38-431.03(A)(3} and (4), to consult with the Town Attorney for legal advice relating to and arising as a result of United States District Court, District of Arizona, case number CROS 0826 TUC, and the Town's position and legal issues regarding an indemnification agreement with Mayor Bobby Sutton relating to the case. 2. 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 emergency (Frank Cassidy) IV. ADJOURNMENT 2 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 CR05 0826 TUC, SUBJECT TO CERTAIN CONDITIONS, AND DECLARING AN EMER- GENCY WHEREAS, Mayor Bobby Sutton has been indicted in United States District Court, Dis- trict of Arizona, case number CR05 0826 TUC, arising out of alleged criminal conduct in connec- tion 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 ofthe Town of Maran a 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 {00000700.DOC I} 4126120056:31 PM FJC.'cds PASSED, ADOPTED, and APPROVED by the Town Council of the Town of Maran a, Ari- zona, this 26th day of April, 2005. Vice Mayor Herb Kai ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney {00000700.DOC I} 4126120056:31 PM FJC:cds INDEMNIFICA nON 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 VM 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 IBOBBY SUTTON, JR. - 1 - INDEMNIFICA TION 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: Herb Kai, Vice Mayor Bobby Sutton, Jr. Date: Date: ATTEST: Jocelyn C. Bronson, Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney STATE OF ARIZONA) ss County of Pima ) The foregoing instrument was acknowledged before me on Bobby Sutton, Jr. , 2005 by My commission expires: Notary Public {00000693.DOC /} TOWN OF MARANA IBOBBY SUTTON, JR. - 2 - INDEMNIFICATION AGREEMENT 4/26/2005 6:32 PM