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City Council Legal Committee <br />Meeting Minutes <br />August 20, 2014 <br />Page 2 of 3 <br />issues for the City and making a more granular evaluation of potential issues <br />before items go to the full Council. <br />LEGAL LIABILITY AND COVERAGE FOR COUNCIL MEMBERS AND STAFF <br />Loo inquired as to legal liability protections provided to Council, staff, and board <br />and commission members and specifically if legal counsel is provided to help <br />defend the person in the event of claims. <br />Light noted that as long as the act is within the scope of employment and not <br />willful and wanton, the City is required by state law to defend and it generally <br />provides legal counsel to any member of Council or staff if accused. He added <br />that the City could codify that process as some other cities have done. <br />Members were in agreement that the process should be codified. They liked the <br />Ft. Collins ordinance as a model to follow. The Committee asked the City <br />Attorney to investigate what City policies would need to be updated to provide <br />broader coverage in terms of providing defense prior to actual commencement of <br />a lawsuit or other proceeding. <br />POTENTIAL IMPACT ON ZONING AND LAND USE ENTITLEMENTS <br />RELATED TO COMPREHENSIVE PLAN REVISIONS AND /OR SMALL AREA <br />PLAN PROCESS <br />Lipton asked how a comprehensive plan or the small area plans affect the <br />existing zoning and entitlements. Light noted that comprehensive planning <br />processes are only advisory and no zoning rules or contractual rights are <br />changed by adoption of an advisory comprehensive plan. The plans might <br />recommend changes, but zoning changes must be adopted separately and with <br />full due process. <br />PROCESSES AND TIMELINES FOR REVIEWING: <br />• CITY ATTORNEY CONTRACT AND FEES <br />• WATER ATTORNEY CONTRACT AND FEES <br />• APPLICATIONS FOR PROSECUTING ATTORNEY, ASSOCIATED <br />JUDGE POSITIONS <br />• SALARY FOR THE JUDGE, ASSOCIATE JUDGE, PROSECUTING <br />ATTORNEY <br />The Committee discussed the timeline and process for appointing and setting <br />fees for the City Attorney, Prosecuting Attorney, and Water Attorney. The Legal <br />Committee would like Legal Committee to be the body that reviews the contract <br />for the water attorney instead of the Water Committee. This will be discussed at <br />the next Water Committee meeting. <br />LAWSUIT SETTLEMENTS /LITIGATION UPDATES <br />