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O-1999-2319
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O-1999-2319
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11/2/2016 3:39:02 PM
Creation date
7/25/2006 3:00:17 PM
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Legislative Records
Legislative Type
Ordinance
Date
4/18/1999
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<br />e <br /> <br />e <br /> <br />the person banned. The aggrieved person can also seek other remedies such as an injunction <br />compelling the officer to perform or refrain from performing a particular act. <br /> <br />Officers of the City can also subject themselves, as well as the City, to liability if they perform their <br />functions in a manner that denies an individual any right that is secured to that individual by the <br />Constitution or a statute. An example of how this type of liability could arise is if a officer illegally <br />discriminates against an individual. A City and its officers, as a governmental entity, must treat all <br />individuals or groups equally or in the same manner unless there is a rational basis or a compelling <br />governmental interest to treat someone or some group differently. Therefore, officers of the City <br />should treat all individuals and groups in the same manner. If there is a question concerning whether <br />an individual or group can be treated differently, the City Attorney should be consulted. If an officer <br />illegally discriminates against an individual or group, that individual or group can seek monetary <br />damages from the City and the individual officer for a violation of his rights under the state and federal <br />civil rights statues. <br /> <br />When members of City Boards and Commissions are acting in good faith and within the bounds <br />allowed by the City ordinances and procedures and the state and federal law, the City will provide a <br />defense for such members to the greatest extent permissible. However, if a Board or Commission <br />member violates a criminal law while serving in hislher official capacity, the City generally will not <br />provide that member a defense. The reason for this is that if a criminal law was violated, the Board or <br />Commission member was probably acting outside the bounds of his authority. <br /> <br />The above discussion is by no means intended to be comprehensive and complete discussion of legal <br />liabilities to which the City or the Board or Commission member may be subjected. You are <br />reminded that the City Attorney is available to the City Boards and Commissions and should be <br />consulted on such questions. <br /> <br />CHAPTER II <br /> <br />BOARD AND COMMISSION APPOINTMENf PROCESS <br /> <br />Section 1 How Board and Commi<<ion Members are Appointed The La Porte City Council <br />makes all of the appointments to the La Porte's Boards and Commissions with exception of'the Civil <br />Service Commission. The C~vil Service Commission is appointed by the City Manager and confirmed <br />by City Council. Citizens interested in being appointed are urged to obtain an application from the <br />City Secretary's Office at City Hall. <br /> <br />~ - <br /> <br />Section 2 Notice of Appointment. After the City Council appoints a person to serve as a <br />member of a Board or Commission, the City Secretary will notify the appointee, in writing of the <br />appointment. <br /> <br />Section 3 Eligibility and Qualifications. The La Porte City Council seeks out the best-qualified <br />citizens to serve on Boards and Commissions. The qualifications required to serve on a particular <br />Board or Commission are determined by La Porte City Ordinance or by the State statute establishing <br />the Board or Commission. <br /> <br />Many of the Boards and Commissions do not have specific eligibility requirements beyond residency, <br />leaving the membership qualifications to the discretion of the La Porte City Council. <br /> <br />3 <br />
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