Chapter 2.04 OFFICERS GENERALLY

Chapter 2.04
OFFICERS GENERALLY

Sections:

2.04.010 Vacancy of seat—Excuses for absence.

2.04.020 City manager, city clerk, city attorney—Appointment—Combining offices.

2.04.030 Confidential legal communications.

2.04.010 Vacancy of seat—Excuses for absence.

The seat of any council member, including the mayor, shall become vacant when the council member or mayor is absent from three consecutive regular meetings of the council without excuse. “Excuse,” for purposes of this section, only means absence due to a conflicting engagement of city council business or other cause for which the council member has received approval from the council prior to the absence. (Prior code § 2-2)

2.04.020 City manager, city clerk, city attorney—Appointment—Combining offices.

The council shall appoint the city manager, city clerk and city attorney. The offices of city manager and city clerk may be combined and held by one person as the council may elect. (Ord. 08-02 § 1: prior code § 2-2.2)

2.04.030 Confidential legal communications.

A. Communications between the city’s lawyer or the city’s lawyer’s representative and the mayor, city council, city manager, city clerk, finance director and the directors of all city departments made for the purpose of facilitating the rendition of professional legal services to the city shall be confidential and shall not be matters of public record. The city council may, upon motion, waive the confidentiality established by this section with regard to any confidential communication.

B. This section applies to communications with the city attorney and to other lawyers retained by the city for the purpose of rendition of professional legal services.

C. The terms “lawyer,” “representative of the lawyer,” and “professional legal services” shall be construed in accord with the meaning of those terms as used in Alaska Rule of Evidence Section 503 pertaining to the lawyer-client privilege.

D. This section shall not be construed to prohibit disclosure of any communication made confidential by this section to the mayor, city council, city manager, city clerk, finance director or the director of any city department or to any other city officer or employee in furtherance of the rendition of professional legal services to the city, or to those reasonably necessary for the transmission of the communication. (Amended during 12-08 supplement; prior code § 2-2.3)

2.04.040 Prohibited employment.

A city employee shall not supervise a related person who is also a city employee. For purposes of this section, a spouse, brother, sister, parent, child, grandparent, grandchild, uncle, aunt, nephew or niece of a city employee is considered a “related person.” (Prior code § 2-52)

2.04.050 Liability of employees.

A. Indemnification—Limitation. The city shall indemnify, hold harmless and defend city employees, officers and officials, including council members and members of boards and commissions established by this code, from any claim or cause of action arising from the good faith performance of duties within the scope of their employment or official capacity. The city shall retain the right to select counsel for the purpose of such defense. Officials or employees may select their own counsel at their own expense. It is the intent of this section to encourage public service by protecting officials and employees from personal liability in the good faith conduct of city affairs.

B. Period of Indemnification and Persons Covered. The period of indemnification shall include incidents which arise during the entire period in which any elected or appointed official or employee shall have been serving in an official capacity for or employed by the city. This period shall include lawsuits filed prior to the date of the passage of the ordinance codified in this section, as well as those filed subsequent to its passage and shall further apply to those named as defendants who may no longer be officials of or employed by the city, so long as they were serving in such capacity at the time of the alleged act or omission.

C. Exclusions.

1. The hold harmless, indemnity and defense provisions of this section shall not apply to:

a. Criminal charges against an individual; or

b. Lawsuits, claims or actions of any kind against an individual brought by or at the request of the city, including, without limitation, disciplinary proceedings.

2. The hold harmless and indemnity provisions of this chapter shall not apply to any of the following unless specifically approved by the city council:

a. Punitive damage awards;

b. Damages resulting from acts or omissions done maliciously or with wilful intent to cause harm;

c. Damages resulting from bad-faith conduct of an individual; or

d. Damages resulting from acts or omissions done outside the course and scope of the individual’s employment or official capacity. (Ord. 93-07 § 1: prior code § 2-53)