HomeMy WebLinkAboutCC Res 1921 1970-11-23
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RESOLUTION It{ :2.-/
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SEAL BEACH REQUESTING THE ORANGE
COUNTY GRAND JURY TO PRESENT AN ACCUSATION
AGAINST D. BARRY MORGAN. CITY TREASURER,
UNDER GOVERNMENT CODE SECTION 3060
WHEREAS, the City Council at its regular meetings on November 2, 1970
and November 16.1970 did audit. allow and approve in the manner provided
by law regular demands for the payment of amounts justly due to Special
Legal Counsel Russell W. Bledsoe for legal services theretofor performed
by him for the City. and
WHEREAS, D. Barry Morgan, the duly elected, qualified and acting Trea-
surer of the City of Seal Beach did on November 3,1970 request in writing
an opinion from the City Attorney concerning the propriety of said payments
and on November 17,1970 was advised that in the opinion of the City Attorney
said expenditures were proper and that the Treasurer 'may and must disburse
the funds called for and sign any necessary check or checks, and that in so
doing. (the Treasurer) would be immune from any personal liability'. and
WHEREAS, D. Barry Morgan did nevertheless thereafter fail and refuse, and
still fails and refuses, to perform his ministerial duty required by law to
sign and issue proper warrants and checks in payment of said sums. and
WHEREAS. the said unlawful and arbitrary failure and refusal Of said D.
Barry Morgan. as City Treasurer, to perform his said ministerial duty has
caused a disruption and breakdown of the regular, orderly conduct of the fis-
cal affairs of the City. and may subject the City to legal liability for its fail-
ure to pay its just legal obligations.
NOW, THEREFORE. BE IT RESOLVED, that the City Council of the City of
Seal Beach does hereby request the Orange County Grand Jury to present an
Accusation against D. Barry Morgan, Treasurer of the City of Seal Beach,
under Government Code Section 3060. et. seq., for willful and corrupt mis-
conduct in office in failing and refusing to perform his ministerial duty of
signing and issueing proper warrants and checks in payment of amounts re-
gularly audited, allowed and approved by the City Council for payment for
legal services rendered to the City by Special Legal Counsel Russell W.
Bledsoe; and deliver said Accusation to the Orange County District At~orney
for prosecution and trial in the Orange County Superior Court.
BE IT FURTHER RESOLVED, that a copy of this resolution be forwarded to
the Foreman of the Orange County Grand Jury forthwith.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of
~al Beach, California. at a special meeting thereof held on th~,'l1-'.Lda.y of
'/1.' e. ....1Lv1./' . ,1970, by the following vote:
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CounCllm ' . ~ ,/
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AYES:
NOES:
ABSENT:
Councilmen ~,"It.-
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ATTEST:
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ORIGINATOR: MORTON A. BAUM