Did you know, your city staff and council are “indemnified”?

It’s hot, like those summers growing up along the Sac River. Don’t give me that global warming crap – I grew up here. In the 70’s we had 117 out in Glenn County, I’ll never forget the weird weather – lightening out of nowhere, little tornados – the neighbors’ barn “exploded”.

I get up early, I do my chores, I waddle back into the house and take up my station on the recliner, under the tiny air conditioner we installed last year because it was cheaper than bailing out to Fort Bragg every time the mercury hit 105+. I been watching a lot of television. Trump is in the news, all these legal issues, I try to understand. When I heard about the “immunity” case, it made me think of this word I see in the city’s employment contracts – “indemnification“.

What is the difference between immunity and indemnification? They both have to do with protecting somebody from the consequences of their own actions, but not in the same way. Here’s a legal/insurance website that gives some explanation.

Confusion reigns between “indemnity” and “immunity”

This article deals with legal cases in regards to COVID vaccine makers, but I think the definitions are the same. Immunity is protection against prosecution for a person’s/corporation’s actions, indemnity means the person won’t have to pay for the consequences of their actions. Read the following passages –

“In the USA manufacturers have immunity (which can potentially be attacked under certain circumstances – such as in the presence of fraud) imposed by a law known as “The PREP Act”. Immunity is a legal shield.  The law simply provides that ‘these manufacturers shall not have any civil liability‘.

So, I’M NOT A LAWYER, but it looks to me as though immunity is only good if you truly did not break the law. In this case, they’re talking about civil immunity. Trump is asking for immunity against prosecution. But I believe this section applies in both instances – “(which can potentially be attacked under certain circumstances – such as in the presence of fraud)” So, I’ll guess, if we were to find out, in either case, that the manufacturer or the president acted fraudulently or illegally, the immunity would not stand. Again, I’m just guessing, but I do know it’s a subjective term legally given the recent court ruling.

Indemnification is different. “But in the UK the manufacturers do not have such immunity.  What they have – in their contracts with the UK government – is an indemnity. An indemnity is an agreement that one party shall cover the losses of the other.“

Here’s the indemnification clause from a typical city of Chico contract – I just googled, “city of Chico, indemnification” and this contract popped up. These contracts are supposed to be available on the city website but it’s quicker and less frustrating to search it on the internet.

The following clause is also in the city council contracts.

Section 8. DEFENSE AND INDEMNIFICATION.
a. The City shall provide a defense to Employee as to any claim, action, suit or proceeding
against Employee for any tort, professional liability claim, or other cause or demand of a
civil nature, whether groundless or otherwise, arising out of an alleged act or omission
occurring in the performance of Employee’s duties under this Agreement or resulting from
the exercise of discretion by Employee in connection with the performance of Employee’s
duties and responsibilities under this Agreement, unless the act, omission, or exercise of
discretion involved negligent, intentional, willful or wanton misconduct by Employee.
The defense provided by the Employee shall continue until a final conclusion of the claim,
action, suit or proceeding, including any appeals brought by any party.

Meaning, no matter how bad the decisions they make, they are not held personally responsible. If they get sued for something they’ve done as an employee or elected official, the taxpayers provide them with legal defense. Unless “ the act, omission, or exercise of discretion involved negligent, intentional, willful or wanton misconduct by Employee.” Well, here’s the thing – we’d have to prove “negligent, intentional, willful or wanton misconduct” or we’d be on the hook for their legal defense, until a final conclusion of the claim, action, suit or proceeding, including any appeals brought by any party.“

Off the top of my head, here’s an example – Sean Morgan, acting as mayor, had a guy arrested from the podium because Morgan didn’t like what the guy was saying, and the man was demanding his three minutes. The man turned out to be within his rights, and the resulting lawsuit cost the city about $50,000.

But here we sit in the middle of a financial and physical crisis, our town is a fucking wreck. This is the result of many poor decisions made by current and past council members – including a guy who is now sitting in the city manager’s chair . How many of you have received your homeowners’ insurance bills? Ours doubled. California property insurers cite urban sprawl and poor emergency response times, as well as high crime rates – all true in Chico. Bidwell Park, overgrown and unmaintained, is a liability not only to the city but to nearby homeowners. Our streets are not consistently maintained or mapped. Phone and internet in the older parts of Chico are still in lagging the 20th century.

The only people we can hold responsible for this mess are the people we elected, as well as our idiot selves for electing them. The only recourse we have is to throw them out on their asses in November.

Of course, no matter who you elect, you have to be ready to have your vice grips handy.