HomeMy WebLinkAboutPresentation on Legal Representation and Indemnification WhiOversight Board of the Huntington Beach Successor Agency
to the Redevelopment Agency
MEETING DATE: January 15, 2013
SUBJECT/ACTION: Presentation on legal representation and indemnification
which cover Oversight Boards
RECOMMENDED ACTION: No action is necessary at the January 15, 2013
meeting. The purpose of the agenda item is to generally discuss legal representation
and indemnification relative to the Oversight Board.
BACKGROUND:
Under AB x1 26 (Chapter 5, Statutes of 2011) the Oversight Board ("Oversight Board")
to the Successor Agency to the Redevelopment Agency of the City of Huntington Beach
("Successor Agency") was established to oversee certain actions of the Successor
Agency. In accordance with AB x1 26, as amended by AB 1484 (collectively, "AB 26"),
staff of the City of Huntington Beach, in its capacity as Successor Agency, performs
work for the Oversight Board in furtherance of the Oversight Board's duties and
responsibilities. AB 26 provides that an oversight board may direct a successor agency
to provide additional legal or financial advice other than what is provided by successor
agency staff. AB 1484 modified AB 1x 26 to provide that the Oversight Board members
are protected by the immunities applicable to public entities and public employees
governed by the Government Code.
ANALYSIS:
In accordance with AB 26, staff of the City of Huntington Beach, in its capacity as
Successor Agency, performs work for the Oversight Board in furtherance of the
Oversight Board's duties and responsibilities. AB 26 provides that the Oversight Board
may direct the Successor Agency to provide additional legal or financial advice other
than what is provided by Successor Agency staff.
AB 1484 expanded the immunities applicable to oversight board members to be
commensurate with other public employees. Prior to AB 1484, AB 1 x 26 simply
provided that "Oversight board members shall have personal immunity from suit for their
actions taken within the scope of their responsibilities as oversight board members". AB
1484 modified that provision to now read "Oversight board members are protected by
the immunities applicable to public entities and public employees governed by Part 1
(commencing with Section 810) and Part 2 (commencing with Section 814) of Division
3.6 of Title 1 of the Government Code [also known as the Tort Claims Act]." The State
assembly floor analysis dated June 27, 2012 regarding AB 1484 states that AB 1484
shall "[p]rovide immunity for members of ...oversight boards for actions taken related to"
AB 1484. The State senate floor analyses dated June 27, 2012 regarding AB 1484
states that AB provides that oversight members are protected by the immunities
applicable to public entities.
Below are a few selected provisions from the Tort Claims Act related to acts for which
liability does not exist.
Govt C § 818.2. A public entity is not liable for an injury caused by
adopting or failing to adopt an enactment or by failing to enforce any law.
Govt C § 818.8. A public entity is not liable for an injury caused by
misrepresentation by an employee of the public entity, whether or not such
misrepresentation be negligent or intentional.
Govt C § 820.2. Except as otherwise provided by statute, a public
employee is not liable for an injury resulting from his act or omission
where the act or omission was the result of the exercise of the discretion
vested in him, whether or not such discretion be abused.
Govt C § 820.4. A public employee is not liable for his act or omission,
exercising due care, in the execution or enforcement of any law. Nothing
in this section exonerates a public employee from liability for false arrest
or false imprisonment.
Govt C § 820.9. Members of city councils, mayors, members of boards of
supervisors, members of school boards, members of governing boards of
other local public entities, members of locally appointed boards and
commissions, and members of locally appointed or elected advisory
bodies are not vicariously liable for injuries caused by the act or omission
of the public entity or advisory body. Nothing in this section exonerates an
official from liability for injury caused by that individual's own wrongful
conduct. Nothing in this section affects the immunity of any other public
official.
Govt C § 821. A public employee is not liable for an injury caused by his
adoption of or failure to adopt an enactment or by his failure to enforce an
enactment.
ATTACHMENT:
None.
PAI