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Home My WebLink About1976-06-14 252 AD ORDINANCE1 Introduced IT, Councilor Gess, June 14, 1916 CITY OF BANGOR (TITLE) (0XYRIlgtt2lAmend I%_Chgpt x f the ordi ncaa of the,City of_, Bangor - Legal Action Against City Councilors and Employees Be dd ordained by W OW GmaSSU of 0a MY ofBamyar, sm foNow: TNAT Chapter I of the Ordinances of the City of Bangor be emended by adding a new Article 1, as follows: AFTICLS 1 LECAL ACTIONS AGAINST CITY COUNCILORS AM ENPLMEES Sec. 1 Legal Counsel and Indemnification to be provided. The City Council shall Wall cases provide competent legal counsel for any City councilor, officer or employee who is a party or Is threatened to be made a patty to any threatened, pending, or contemplated action, suit or proceeding, whether civil, criminal, administrative Or investigative, by reason of the fact that Said person is o was a City councilor, officer or employee of the City, and Shall pay - r indemnify such councilor, officer or employee as against all expenses, fees, judgments, fines and unaware paid in -settlement actually and reasonably incurred by him in connection With such action, suit or proceeding, to the following: 1.1 Exceptions. Nothing herein shell be construed t require the City to provide legal counsel sel o such indemnification. for any councilor, officer or employee with respect to any matter as to whichsaid councilor, officer or employee stall have been .finally adjudicated in any action, suit or proceeding not to have acted in good faith and in the reasonable belief that his action was i the beet interest of the City, o with respect to any criminal action or proceeding iv which Suchperson had nablea to believe that Such conduct a unlawful. Insemination of e of any action, suit or. proceeding judgment, order or conviction adverse to such person, or by settlement r by plea of nolo contenders or Its equivalent, shall not of itself create a presumption that such person did not act in good faith and In the reasonable belief that his IN CITY COUNCIL June 14, 1976 ceived lst reading. xe£enred to Code and Ordinance Nal Co mittee. Consider nextmeeting IN CITY COUNCIL June IB, 1976 Amended as per attached neso of June 28, 19761 Received Ind reading and final passage by the following yes and no vote. Councilors voting yes S Belled, Bigney, B1 Centae, Finnigan, Gees., xenderson, socney, Soucy and Series. CITY 352 NN a ORDINANCE o ( TITLE.) guarding Chapter I of the Ordinances RECEIVED CITY OF BANGOR GITY CLERK'S OFFICE `lU JUN 10. Pit 2 £4 Action was n the beat interest of the City, and with respect to any criminal action or proceeding, had reasonable cause to believe that his conduct was unlawful. 1.3 Other Legal Counsel. Hothing herein shall be construed to prohibit any such 'councilor, officer or employee from seeking additional legal counsel other than. provided by the City. However, nothing herein shall be construed as to require the Cltyyta pay any fees or ether -expenses incurred an a resultof employment of such additional counsel. 1.3 Mier pilots. The rights provided for in this Article shall hot be deemed exclusive of any other rights to which those indemnified may be entitled under any other statute, ordinance, agreement, or policy of the City. Statement of Pact: :The purpose of this Ordimnce is to clarify the policy of the City of longerin respect to providing legal counsel and indemnification in any legal actions ArsvmLBht be brought against City councilors, department heads and other employees of the City. in their official and personal capacities. w iffidoMMnun June 28, 1976 1O: Codes &Crdinances Co®ittee -' PRo{1; Robert 6C Miller, City Solicitor Rf: Council Ordinance 252 Ap At your Committee meeting last week a request was made for a redraft of seems of the provisions of the proposed amendment described' in Council ordinance 252 M. In response to that request, the following amendments are proposed: (1) See. 1, first sentence to be amended to read as follows; - 'Thebe city. Council shall in all cases provide competent legal counsel to defend for any City Councilor, officer or employee, ox -the Sensors of any City board or commission.7-. P�( h4 h a 41+9 (2) Proposed Subsection 1.1 to be deleted and replaced with the following: 1,1 cnxcepoions. Nothing berein shall be construed to requite the City to provide legal counsel or such indemnification for any City Councilor, officer or employee, or the member of any City board or co®ission, in the following situations. (1) In civil matters, where the councilor, officer or employee, or board or commmission member. a.- is the plaintiff or moving party; or b, where it shall be finally adjudicated in any action, suit or proceeding that said councilor, officer or employee, or board o member shall . not have acted in good faith and '. in the r onable belief that his r her action was in the bee[ interests of the City. (2) (In criminal matters, where the counailor, - officer or employee, or board or comission member: A. is the complaining party{ or P. b. whet, ,A p^ had reasonable causes to believe that such conduct _ was unlawful. Termination of any action, suit Cr proceeding by Judgment, order oriction adverse to such person, or by settlement, or by plea of nolo stressless or its equivalent, shall not of itself create a presumption that such person did rot act in goad faith and in the reasonable belief that his action was in the beet interests of the City, and with respect to any or iminal' actionor proceeding, had reasonable e e to believe that hit conduce:conduce:was unlawful. (3) ProposedSubsection 1.4 to be added: 1.4 City Solicitor Responsibilities. In circumstances Involving litigation or other legal proceedings between two per s qualifying for the privileges granted herein, the City Solicitor will not be requiredto represent or otherwise participate on. behalf of either party. R.S.M. to CITY OF BANGOR (TITLE.) @TbtltffittRy nmenddng_S nmg ordiunce..at 1f1 State, street _... Be 6t ordaisof 6y the City Counted of the Cary of Bamyor, w foRovm: _ THAT the zoning boundary lines as established by the Zoning Map of the City of Ranger dated September 23, 1974, as amended, be hereby further ended as follows: By charging a parcel of land at 151 State Street, from Residential 5 15,e to Commercial 2 zone. Said parcel containing approximately 000 sq. ft. and more particularly indicated on the map attached hereto and -made a part hereof. 253 AD Introduced by Councilor Gass, Sun, 14, 1976 CITY OF BANGOR (TITLE.) @TbtltffittRy nmenddng_S nmg ordiunce..at 1f1 State, street _... Be 6t ordaisof 6y the City Counted of the Cary of Bamyor, w foRovm: _ THAT the zoning boundary lines as established by the Zoning Map of the City of Ranger dated September 23, 1974, as amended, be hereby further ended as follows: By charging a parcel of land at 151 State Street, from Residential 5 15,e to Commercial 2 zone. Said parcel containing approximately 000 sq. ft. and more particularly indicated on the map attached hereto and -made a part hereof. 253 M 3I IN CITY COUNCIL ORDINANCE - none .l4,_19]6 Received 1st reading. Referred I. TITLE pmeeWing Zoning Ordinance at to Planning Stand. Consider next meeting. 151 State Street eJ�.aA RECEIVED cxxx c CITY OF RANCOR CITY CLERRu CFFICE IN dune 28,c19 6xL rntru Nth tm_6y `76 JIIN 10 PN 2 24 Planning Board report read. Indefinitely Postponed. - �C 11MYf Councilor Hallou absent during discussion of this order. CITY CLE a,93 19.b �gTP�E 97 sa 6 3 u e61 Q u 6a e� 66 N 533 m is N 61 1 go „ CHANGED FROM R5 n\\l TO C2 ®mm C1 a 'Bawer, she estate / Maine---ebe G<enoay Is Maine's Nerfb WoReft ask Seashore Rema CARL J. KOSONUO tlIdg of PRagar, Awre PLANNING DEPARTMENT June 23, 1976 A: honorable City Council FROM: Plam,ing Board RE: Amending Zoning Ordinance 151 State Street Council order 253RD Please be advised that the Planning Board held a Public Hearing o June 21, 1996 on the above request. The Board gave careful consideration to the request for re ning to Commercial 2 Tque and the besides of such a change. Thep alsoconsidered the moving in the general area, the existing uses in the area as well a the zoning and land use projected under the Hancock -York Neighborhood Development Project. After consideration of the proposed change and the detrimental effect Much a change would have, the Planning Board voted to recommend denial of the proposed change of zone. aq �Exg o - r Director PlanDirecto ing r CJKagl