HomeMy WebLinkAboutResolutions - No. 2014-159RESOLUTION NO 2014-159
A RESOLUTION OF THE LODI CITY COUNCIL
APPROVING GOVERNMENT CRIME POLICIES FOR
THE PURPOSE OF BONDING CITY OFFICERS AND
EMPLOYEES AND ESTABLISHING POLICY LIMITS
WHEREAS, California Government Code §36518 requires City Council by
resolution establish the penal sum of the bond for the positions of City Clerk and City
Treasurer; and
WHEREAS, California Government Code §36519 provides that the City Council
may require bonds of any other officer or employee of the city; and
WHEREAS, California Government Code §37209 requires execution of a bond
by a Director of Finance where duties imposed by law upon the City Clerk are
transferred to a Director of Finance; and
WHEREAS, California Government Code §1480 provides that every officer agent
or employee not required by statute to give an official bond may be required to give an
individual official bond or other form of individual bond in the amount to be fixed by the
appointing power and such bond shall inure to the benefit of the appointing power, state,
county, or municipality by whom such officer, employee, or agent is employed as well as
the officer under whom the employee or agent serves; and
WHEREAS, Lodi Municipal Code §2.12.040 requires the City Manager shall
furnish a surety company bond to be approved by the Council in such sum as may be
determined by the City Council; and
WHEREAS, California Government Code §1463 states, ... a government crime
insurance policy or employee dishonesty insurance policy, including faithful
performance, may be provided as an alternative to the official bond by any county or city,
subject to approval by the presiding judge of the superior court and recording and filing
as provided in §§1457 to 1460.1, inclusive. An insurance policy procured pursuant to this
section may be used as a master bond as though it were an official bond, subject to
approval of the appointing power or the legislative body as provided in §1481; and
WHEREAS, California Government Code §1481 (b) provides that
notwithstanding any other provision of law when deemed expedient by the legislative
body of a local public agency, a master official bond or other form of master bond may
be used which shall provide coverage on more than one officer, employee, or agent of
the local public agency, whether elected or appointed who is required by statute
regulation, the appointing power, the governing board of a local public agency, or the
board of supervisors of a chartered or general law county to give bond; and
WHEREAS, California Government Code §1481 (c) provides that a master bond
under this section shall be in the form and for the term which is approved by the
appointing power or the legislative body of a local public agency and shall inure to the
benefit of the appointing power, state, or local public agency by whom the officer,
employee, or agent is employed as well as the officer or officers under whom the
employee or agent serves.
NOW, THEREFORE, BE IT RESOLVED by the Lodi City Council as follows:
1. That the City Council deems it expedient that the bonding requirements for public
officers and employees required by California Government Code, Lodi Municipal
Code, or City Council Resolution, shall be in the form of a Government Crime
Insurance Policy that provides coverage for City of Lodi officers and employees;
2. That the limits of the Government Crime Policy shall be at least $1,000,000 per
occurrence for employee theft, with a deductible amount of not more than $10,000 per
occurrence, with sub -limits for other forms of loss covered by the policy as deemed
appropriate; and
3. That the premiums shall be paid by the City.
Dated: August 20, 2014
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I hereby certify that Resolution No. 2014-159 was passed and adopted by the
City Council of the City of Lodi in a regular meeting held August 20, 2014, by the
following vote:
AYES: COUNCIL MEMBERS — Hansen, Johnson, Mounce, Nakanishi, and
Mayor Katzakian
NOES: COUNCIL MEMBERS — None
ABSENT: COUNCIL MEMBERS — None
ABSTAIN: COUNCIL MEMBERS — None
NIFE ROBISON
ity Clerk
2014-159