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SPECIAL MEETING
CITY OF PALM BEACH GARDENS
SEPTEMBER 29, 1976
The Special Meeting of the City Council of Palm Beach Gardens was
called to order by mayor Martino at 7 :00 P.M. in the Assembly Room,
10500 N. Military Trail, Palm Beach Gardens, Florida.
ROLL CALL: Present were: Mayor Martino, Vice Mayor Feeney, Councilman Kiedis,
Councilman Laurie and Councilman Rossow. City Manager ,john L. Orr
and City Attorney William Brant were in attendance.
PURPOSE: Mayor Martino stated the purpose of the meeting was to discuss
the pending court case and suit against the City of Palm Beach
Gardens, the City Manager and the Chief of Police.
ATTORNEY Attorney Brant reiterated the facts of the suit that was filed on
BRANT :
August 20, 1976 and instituted by James O'Connor, a former patrol-
man of the City, against the City of Palm Beach Gardens, John L.
Orr, individually and Herbert Pecht, individually.
The City Manager referred the suit to the local insurance agent,
Mr. Robert Diamond, to determine if coverage was provided for the
City and its employees under the current insurance coverage. The
Insurance Company, by telegram, obtained a continuance until
October 1, 1976 from the Plaintiff's attorney.
The City was officially notified by letter on September 27, 1976
that the insurance carrier would not represent the City for
accepting liability in this case. The Insurance Company disclaimed
liability under an exclusion, the exclusion being that "this
insurance does not apply to personal injury sustained by any person
as a result of an offense directly or indirectly related to the
Special Meeting, September 29, 1976
Page 2
employment of such person by the names "insured ". That is the
basis for the refusal of the coverage.
Attorney Brant advised that as Counsel for the City he would naturally
defend the City when 2 individual employees are involved, however,
it required Council action authorizing him to defend the two
individuals,as well as their approval to defend them.
MOTION: A motion was trade by Vice Mayor Feeney, seconded by Councilman
Kiedis that the City Attorney be authorized to defend the City
Manager and the Chief of Police of Palm Beach Gardens in the suit
filed by James O'Connor, former patrolman of the City of Palm Beach
Gardens, for the purpose of defending their actions while acting
in Executive capacity as Officials of the City of Palm Beach Gardens.
Motion was unanimously carried.
MOTION: A motion was made by Vice Mayor Feeney, seconded by Councilman
Kiedis and unanimously carried that upon the advice of the City
Attorney, the City Council authorize provision of funds for the
separate defense of City Manager John L. Orr and Chief of Police
Herbert Pecht, in the event that they should become separate
defendants in a supplementary law suit filed by James O'Connor.
RESPONSE TO Attorney Brant recommended to the City Manager that a response be
INSURANCE
COMPANY; sent to the Insurance Company that the amity is sadly disappointed
in the position taken by the Company, however the City does not
agree with their opinion and is taking it under advisement. It is
the City's opinion that the Company is still liable to provide
coverage,
1
Special Meeting, September 29, 1976
ADJOURNMENT: No further business, the meeting adjourned at 7 :30 P.M.
Mayor Martino
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Alice Jean X9111slake,,City Clerk
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' Councilman Laur3.9�,
Councilman'Rossow