City Council Minutes 2014 11 03 - Laserfiche WebLink

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City Council Meeting Minutes November 3, 2014 Page 14 of 18 Consumption of marijuana in these areas is prohibited by state law, and the City has similar provisions in Title 5. However, people who want to understand the potential criminal offenses related to marijuana consumption may turn solely to Title 9, which is the City's criminal code, without realizing consumption is also addressed in Title 5. The proposed ordinance specifically notes marijuana may be consumed in a private residence by patients or persons twenty -one years of age or older in accordance with Sections 14 and 16 of Article XVIII of the Colorado Constitution and other applicable laws. Staff recommended the City Council adopt Ordinance No. 1675, Series 2014 on second and final reading. Mayor Muckle called for public comment and hearing none, closed the public hearing. MOTION: Council member Lipton moved to approve Ordinance No. 1675 Series 2014 on second and final reading, seconded by Council member Loo. Roll call vote was taken. The motion carried by a vote of 7 -0. ORDINANCE No. 1676, SERIES 2014 — AN ORDINANCE ADOPTING A CITY POLICY ADDRESSING DEFENSE AND INDEMNIFICATION OBLIGATIONS TO CITY OFFICIALS AND EMPLOYEES — 2nd Reading — Public Hearing Mayor Muckle requested a City Attorney introduction. City Attorney Light read Ordinance No. 1676, Series 2014. Mayor Muckle requested a staff presentation. City Attorney Light explained the City recognizes a need to encourage elected and appointed officials and employees to perform their duties effectively and efficiently. Also, under law the City is required to protect its officials and employees against claims arising during the performance of duties and within the scope of employment, so long as the conduct is not willful and wanton and other requirements are met. The ordinance would codify a City policy regarding defense and indemnification obligations to City officials and employees. Doing so will make clear the extent of the City's responsibilities, and establish the circumstances under which the City will pay or reimburse defense costs for claims and legal proceedings brought against City officials and employees. The Legal Review Committee reviewed this issue at its August and September meetings, including review of sample policies from other cities. The City Attorney's August 15, 2014 memo to the Committee provided further background on the liability and coverage issues addressed through the proposed ordinance. The proposed ordinance is modeled closely after the City of Fort Collins ordinance, with some additions specific to Louisville. Section 2.06.040 establishes a procedure under which the City will pay or reimburse defense costs for defense of a complaint under the City