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Home My WebLink About1977-01-24 113 AE ORDER113 AS Introduced by Councilor gendziaa, January 24, 1907 _ CITY OF BANGOR (TITLE) (qrbyy App 1 [ [ of Sp Lal p lrce Off a for 1977 Bytde Oily Co of the Cay Of Banner. ORDERED, TEAT, subject to the conditions listed below, the following named individuals be appointed as Special Police Offices in accordance with 30 MRSA 92362 for terms' to axpire on December 31, 1977. Meme - Place of P plmment Keith Rouse R -Mart Richard Robinson King's Department Store Maynard Trafton King's Department Store Owen Monday WoolenDepartmentStore Marshall Hogan -Zayre Departme at Store Sterling Beeville Bangor Mental Health Institute and - r Army National Guard Sector of Bangor International Airport Gams C'Sail Bangor Mental Health Institute and Army National Guard Sector of Bangor International Airport Robert Worcester Bangor Mental Health Institute and Army National Guard Sector of Bangor International Airport Louis Gagnon Atny National Guard Sector of Bangor International Airport Roger 0. Bunton Zayre Department Store Linwood Baker Zayre Department Store George Barker Bangor Daily News and eastern Maine Medical Center Clifford McAlpine eastern Maine Medical Center Catherine Goodwin K -Merl Ali of the above appointments shall be subject to the following conditions: (1) No appointment shall take effect until each own named individual or his employer shall file with the City Clerk a certificate of insurance showing the existence of Liability insurance in such amounts and coveragesas aw provided for City police officers, and naming the City of Bangor as an additional insured. (2) An a condition of such appointment, each appointee and his employer shall enter into a written agree- ment providing for indemnification and saving the City, its inhabitants, officers and employees, harmlessfrom and against any and all liability whatsoever arising out of orconsequence of the powers and authority herein granted. (3) The jur Ledictioa and the exercise of the powersand authorities granted herein shall be limited Cothe appointee's place of employment and any adjacent pedestrian or parking areas. (4) All appointees shall participate in such training programa as may be established from time to time by the Chief of police_ IN CITY COUNCIL '113 AN .Uanuaiy '24, 1977 ills des war received ved 0 R 0 E R ander susNensionofrules 3�3 by the £011owing yes and no 1TiCles vote. Councilors voting yea: - - " Hrountas, Finnigan. Goes. Henderson, mcKernan, SoucY. Appointment Yb. £ S ..claHol lice Officers ........m............ Soulas, Willey and Zendzian. - Passed. for 1977 a .aea.L CITY C V . Intro da and filed Ey • ••• ••••councilman NMI the anter o Yeazq $ang 7 �atne—the GatemoY [a Maine's North Woods and Seashore Ruorct a ROBERT E. MILLER 131.11.21. WAM , DALE cnr:esen„ QIifp of Pmtgur, Msirup LAA� DEPARTMENT January 24, 19]] Bangor City Council Bangor Maine 04401 - Re: Appointment of Constables and Special Police Officers Dear Councilors; Wring the last meeting in December, a question arose as Co the effect of the loss of sovereign immunity on the appointmentof constables and special police officers. As yon my be, , the c t concept of sovereign nity generally protects the City ofaware its officers Budemployee , free liability for dvrages arising a ma s consequence of the performance of duties and functions designated. as"gov ®ental' in nature. Among the govermental duties and functions of the City Council are the appointment of constables and special police officers. The appointment of special police officers is provided in 30 MRSA Section 2362. provision for the appointment of constables is found in 30 MRSA Section 2363. Both provisions indicate Met the City Council may ltmLt the juris- diction and authority of the appointees. With the possibility of the lose of govenmental immunity, at least a we know it today, it seemd prudent to place more stringent conditions upon the appointments. At the Council meeting tonight, it will be proposed that two Orders providing for appointment of the ressintng constables and special police officers be handled under suspension of the rules. Each Order will contain I City CounciL January 24, 19)) Page 2 ertaiiicondition It is proposed that the appointments be conditioned upon the filing of a liability i x certificate, the execution of an indemnification agre wnt, and theUagreement to participateto training e sessions as may be established by the Chief of police from time to there. The'appointments would also be 1WLted specifically to the place of employment and adjacent pedestrian and parking areas. In addition, constables will specifically be given the authority to serve process within .. the city. Theme steps ould. probably be wise if sovereign immunity i retained..Ther o question that the immunities provided will not be exactly the a wehaveenjoyed in the past. Last Thursday I attended ahearing before the Judiciary Committee is which a bill, LB 87 on gov rentalmi inity, was being considered. There is nsiderable disagreement to the n and scope of such protection in the future.I wi11 be attends as another session in Augusta today on the bill. Councilor Henderson is geometries, of the Coies, and can perhaps advise the Council ov the exact status of the legislation this awning. However, there is still a very good possibility that there will bennity protection whatsoever on February let. port his reason, I think itwise require the extra protections specified In the two proposed Council Coders. I expect to be back in Bangor In time for the Council meeting, and will try to answer any remaining questions you may have at that time. Very truly yours, r A�y�� T@ - Bober[ E. Miller - City Solicitor REM:tc cc: City Manager City Clerk - - ACCEPTANCE OF APPOINfMENf AND IN➢ENNIFICATION AGREEMENT To: BanCor City Council I hereby accept the appointment as granted by virtue of Council Order No. Date: (Address) J In consideration of ss above appointment, we, the undersiginhabitants, ed,of agrecern to indemnify and hold harmleccessons the City of signs,, its and against, off acerae and employeeliability their s , out o assigns, from and against any and all Suability tereinwhatsoever anted arising ovt of or as a Consequence of the tpovera and authority therein granted. Date; (Appointees Employer) (Address) State of Maine Penobscot, as. 19] Thep personally appeared the above named and on behalfof and acknowledged the foregoing instrument to be their free act and deed in their respective capacities. Before me, Justice of the peace Notary public