Sandra Emerson, Staff Writer
Created: 12/22/2011 06:24:24 PM PST

Special Section: Upland Watch

UPLAND – Former Mayor John Pomierski may file a lawsuit against the city for refusing to represent him in a civil suit filed by the former Chronic Cantina restaurant and bar.

A claim was filed with the city this week by Pomierski’s civil attorney, Robert Schauer, demanding the city represent Pomierski or face a lawsuit seeking attorney’s fees and other damages.

“I’m upset with the city for not defending him when they have an obligation to do so,” Schauer said.

City Manager Stephen Dunn said the city has yet to review the claim, but the city attorney will evaluate the claim and discuss it with the City Council during its meeting on Jan. 9.

The claim states that the city is required to represent Pomierski based on state Government Code 995, which states, “a public entity shall provide for the defense of any civil action or proceeding brought against him, in his official or individual capacity or both, on account of an act or omission in the scope of his employment as an employee of the public entity.”

Schauer first asked the city to represent Pomierski in July.

The owners of the Chronic Cantina filed the lawsuit against the city as well as Pomierski in April in West Valley Superior Court.

They accuse Pomierski, Upland contractor John Hennes and former Upland Police Chief Steve Adams of extorting money
from them.

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