6544-90 Authority to defend certain litigation

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RESOLUTION NO. 6544-90 BY: Boscia, Gallagher, Gazzana, George, Graham, Roth, Smith AN EMERGENCY RESOLUTION authorizing the Director of Law to defend certain litigation pursuant to Article VII of the Amended Charter of the City of Lakewood. WHEREAS, there is presently pending in Probate Court of Cuyahoga County an action under Ohio Revised Code Section 733.72 entitled State ex. tel. John L. Dowling and being Case No. 1053781 wherein the Director of Law, ''the Prosecutor and the Clerk of Council are named as defendants in their official capacities as officers of the City of Lakewood, and WHEREAS, the litigation challenges the discretion and independence of the municipal prosecutor and the independence of the municipal prosecutor and prosecutorial discretion are essential to ensuring a fair criminal court system within our City based upon the presumption of innocence until proven guilty, is fundamental to our freedom and in the interest of all citizens of our community, and WHEREAS, this ordinance constitutes an emergency providing for the immediate preservation of the public health, and welfare; now, therefore, measure safety BE IT RESOLVED BY THE CITY OF LAKEWOOD, STATE OF OHIO: Section 1. That the Director of Law is hereby charged to defend for and on behalf of the City of Lakewood all parties defendants in Case No. 1053781 presently pending in the Probate Division of the Court of Common Pleas of Cuyahoga County, the defense of such litigation being hereby determined to be in the public interest. Section 2. That the decision of the Director of Law to enter an appearance and defend such litigation and to retain Calfee, Halter & Griswold, particularly Mark I. Wallach, as Special Counsel in this matter is hereby approved and ratified and further that the Director of Law is hereby authorized to pay from current appropriations to his Department a sum not to exceed Ten Thousand ($10,000.00) Dollars for the defense of this matter. Section 3. It is found and determined that all formal actions of this Council concerning and relating to the passage of this resolution were adopted in an open meeting of this Council, and that all. such deliberations of this Council and of any of its committees that resulted in such formal action were in meetings open to-. the public in compliance with all legal requirements. Section 4. That this resolution is hereby declared to be an emergency measure for the reasons stated in the preamble hereof and provided it receives the affirmative vote of two-thirds of all members elected to Council, it shall take effect and be in force immediately upon its adoption and approval by the Mayor; otherwise, it shall take effect and be in force after the earliest Adopted: Approved: ~~~ /~) t~ ~ o~ law.