Chapter 2.68
DEFENSE AND INDEMNIFICATION OF CITY OFFICERS AND EMPLOYEES
Sections:
2.68.020 Legal representation.
2.68.030 Exclusions – Determination of representation.
2.68.040 Payment of claims – Conditions of representation.
2.68.050 Refusal to cooperate.
2.68.060 Conflict with provisions of insurance policies.
2.68.010 Definitions.
For the purpose of this chapter, the following words shall have the following meanings unless the context indicates otherwise:
A. “Claim” means a claim or lawsuit.
B. “Employee” means any person who is or has been employed in the service of the city.
C. “Official” means any person who is serving or has served as an elected city official and any person who is serving or has served as an appointed member of any city board, commission, agency or committee. (Ord. 90-23 § 1, 1990)
2.68.020 Legal representation.
Subject to the conditions and requirements of this chapter, the city shall provide to an official or employee such legal representation as may be reasonably necessary to defend any claim filed against the official or employee, arising out of the performance, purported performance or failure of performance in good faith of duties for or employment with the city. This legal representation shall be a condition of employment with the city and shall be provided by the city attorney or the city attorney’s designee, except as may be provided under an insurance policy or self-insurance or joint insurance program. (Ord. 90-23 § 1, 1990)
2.68.030 Exclusions – Determination of representation.
This chapter shall not apply to any dishonest, fraudulent, criminal or malicious act, to any act outside the scope of service or employment, to any lawsuit brought by or on behalf of the city or to any accident, occurrence or circumstance in which the city or an official or employee is insured against loss or damages under the terms of an insurance policy or self-insurance or joint insurance program.
The city attorney shall determine whether an official or employee was performing duties for or employment with the city in good faith, and whether an official or employee committed a dishonest, fraudulent, criminal or malicious act. The official or employee may appeal such determination to the city council. (Ord. 90-23 § 1, 1990)
2.68.040 Payment of claims – Conditions of representation.
At the request of an official or employee, the city attorney or the city attorney’s designee shall investigate and defend a claim which is covered by this chapter. If that claim is deemed by the city attorney or the city attorney’s designee to be a proper claim against the official or employee, the claim shall be paid by the city as long as the following requirements are met:
A. As soon as practicable after receipt of notice of a claim, the official or employee shall give the city attorney written notice of the claim, specifying the names of the officials or employees involved, the date, time, place and circumstances surrounding the incident or conduct giving rise to the claim, the names and addresses of all persons allegedly injured, the names and addresses of owners of allegedly damaged property, and the names and addresses of all witnesses;
B. The official or employee shall cooperate with the city attorney or the city attorney’s designee and, upon request, shall assist in making settlements of any lawsuits and in enforcing any claim for subrogation against any persons or organizations that may be liable to the city because of any damages or losses arising from the incident or conduct; and
C. The official or employee shall attend interviews, depositions, hearings and trials as requested, and assist in securing and giving evidence and obtaining the attendance of witnesses.
If the city attorney determines that a claim against an official or employee is not covered by this chapter and a court of competent jurisdiction in a final judgement finds that the claim is covered by this chapter, the city shall pay the claim and reasonable attorney’s fees. (Ord. 90-23 § 1, 1990)
2.68.050 Refusal to cooperate.
If any official or employee fails or refuses to meet the requirements of BIMC 2.68.040 or elects to provide his or her own representation on any claim, this chapter shall be inapplicable and of no force and effect with respect to that claim. (Ord. 90-23 § 1, 1990)
2.68.060 Conflict with provisions of insurance policies.
Nothing contained in this chapter shall be construed to modify or amend any provision of an insurance policy or any coverage through a self-insurance or joint insurance program. If there is a conflict between this chapter and the provisions of any such policies or coverage, the provisions of any such policies or coverage shall control. (Ord. 90-23 § 1, 1990)
2.68.070 Pending claims.
This chapter shall apply to any pending claim against an official or employee and to any claim hereafter filed irrespective of the date of the events or circumstances giving rise to the claim. (Ord. 90-23 § 1, 1990)
2.68.080 Union contracts.
If a bargaining unit contract covers any of the terms and conditions of this chapter, all employees under the contract shall be governed by the provisions of the contract. If there is a conflict between the provisions of the contract and this chapter, the provisions of the contract shall control. (Ord. 90-23 § 1, 1990)