Scottsdale City Council has authorized the city’s attorneys to defend and indemnify several individuals named in their official and personal capacities for a pending law suit.
Case No. CV-21-01917-PHX-DMF lodged by Mark E. and Virginia Stuart against the city of Scottsdale, et al, in Stuart versus city of Scottsdale is pending in the United States District Court for the District of Arizona, according to a city staff report.
There is an existing policy permitting the defense and protection of City Council members and officials as mandated in an ordinance. However, City Council consented to approve a resolution on Dec. 8, to pay for the defense and indemnification of past officials, W.J. “Jim” Lane, former mayor; current and past officers including Bruce Washburn, Jim Thompson, Sherry R. Scott and their respective spouses.
The revised code requires when a claim or lawsuit is brought, the city may upon request defend and indemnify/cover expenses for personnel with respect to any civil claim by any person or entity while performing the scope of his or her duties, the report stated.
Likewise, the Council must approve the request to defend and indemnify the current and former mayor or council members named in their individual roles as well as charter officers who were serving in their capacities.
The plaintiffs, according to the staff report, recently filed a lawsuit requesting declaratory relief and damages among other things.
A copy of the complaint is on file with the city clerk’s office and is available upon request. Spouses of defendants are even included in their official and/or individual capacities.
Defendants named in their offical capacities for the complaint are:
Since the case was recently filed, the defense budget is yet to be prepared, noted the report, adding costs are uncertain at this time.
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