Chapter 2.80
INDEMNITY OF PERSONNEL
Sections:
2.80.020 Legal representation.
2.80.030 Representation and payment of claims—Conditions.
2.80.050 Reimbursement of incurred expenses.
2.80.060 Conflict with provisions of insurance coverage.
2.80.090 Determination of exclusion.
2.80.010 Definitions.
Unless the context indicates otherwise, the words and phrases used in this chapter shall have the following meaning:
A. “Employee” means any person who is or has been employed by the city in either a full-time or part-time capacity and for compensation.
B. “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 board, commission or committee created by any elected city official. “Official” does not include independent contractors performing the duties of appointed positions. (Ord. 13-07 § 1 (part), 2013)
2.80.020 Legal representation.
As a condition of service or employment with the city of Battle Ground, the city shall provide to an official or employee and their marital community, subject to the conditions and requirements of this chapter, and notwithstanding the fact that such official or employee may have concluded service or employment with the city, such legal representation as may be reasonably necessary to defend a claim or lawsuit filed against such officer or employee resulting from any good faith performance, conduct, act or omission of such official or employee performed or omitted on behalf of the city of Battle Ground in their capacity as a city official or employee, which act or omission is within the scope of their service or employment with the city. Such legal representation shall be provided by the city attorney, or designee. (Ord. 13-07 § 1 (part), 2013)
2.80.030 Representation and payment of claims—Conditions.
The provisions of this chapter shall be applicable; provided, that the following conditions are met:
A. In the event of any incident or cause of conduct potentially giving rise to a claim for damage or the commencement of a suit, the official or employee involved shall as soon as practicable, but no more than seven calendar days, give the city clerk written notice thereof, identifying the official or employee involved, information with respect to the date, time, place of the incident, and circumstances surrounding the incident or conduct giving rise to the potential claim or lawsuit, as well as the names and addresses of all persons allegedly injured or otherwise damaged thereby, and the names and addresses of all witnesses.
B. Officials and employees named as a party to a claim or a defendant in a lawsuit shall cooperate to the fullest extent with the city attorney and any other authorized representatives so designated by the city. This shall include, but is not limited to, providing requested information, statements, testimony, exhibits and documents. Failure to fully cooperate shall result in the city’s withdrawal of defense and shall absolve the city of all responsibility for payment of judgments and settlements. (Ord. 13-07 § 1 (part), 2013)
2.80.040 Settlements.
If legal representation of any official or employee is undertaken under this chapter, all of the conditions of representation are met, and a judgment is entered against the official or employee, or a settlement made, the city shall pay such judgment or settlement; provided, that the city may, at its discretion, appeal as necessary such judgment. The city may agree to settlements of any claim or suit as it deems expedient and/or in the best interest of the city. (Ord. 13-07 § 1 (part), 2013)
2.80.050 Reimbursement of incurred expenses.
If the city attorney determines that an official or employee does not come within the provisions of this chapter, and a court of competent jurisdiction later determines that such claim does come within the provisions of this chapter, then the city shall pay any judgment rendered against the official or employee and costs or expenses, including reasonable attorney’s fees, incurred in defending against the claim or obtaining the determination that such claim is covered by the provisions of this chapter.
If the city attorney determines that a claim against an official or employee is not within the provisions of this chapter, and a court of competent jurisdiction later finds that such a claim does not come within the provisions of this chapter, then the city shall be reimbursed for costs or expenses, including reasonable attorney’s fees, incurred in obtaining the determination that such claim is not covered by the provisions of this chapter. The losing official or employee shall pay the reimbursement due to the city. (Ord. 13-07 § 1 (part), 2013)
2.80.060 Conflict with provisions of insurance coverage.
Nothing contained in this chapter shall be construed to modify or amend any provision of any coverage of insurance where any city official or employee thereof is named insured. In the event of any conflict between this chapter and the provisions of such insurance coverage, the coverage provisions shall be controlling; provided, however, that nothing contained in this section shall be deemed to limit or restrict any official’s or employee’s right to full coverage pursuant to this chapter, it being the intent of this chapter to provide complete coverage outside and beyond insurance policies which may be in effect, while not compromising the terms and conditions of such coverage by any conflicting provision contained in this chapter. (Ord. 13-07 § 1 (part), 2013)
2.80.070 Pending claims.
The provisions of this chapter shall apply to any pending claim or lawsuit against an official or employee, or any such claim or lawsuit hereafter filed, irrespective of the date of the events or circumstances which are the basis of such claim or lawsuit. (Ord. 13-07 § 1 (part), 2013)
2.80.080 Exclusions.
The obligations assumed under this chapter by the city shall not apply to:
A. Any dishonest, fraudulent, criminal, or malicious act of any official or employee;
B. Any act of an official or employee which is not performed on behalf of the city;
C. Any act which is outside the scope of an official’s or employee’s service or employment within the city;
D. Officials or employees who fail to, neglect or refuse to comply with any condition or section of this chapter; or
E. Any lawsuit brought by or on behalf of the city.
The provisions of this chapter shall have no force or effect with respect to any accident, occurrence or circumstance for which the city or the official or employee is insured against the loss or damage under the terms of any valid city purchased insurance coverage. (Ord. 13-07 § 1 (part), 2013)
2.80.090 Determination of exclusion.
The determination of whether an official or an employee is entitled to a defense by the city under the terms of this chapter shall be made by the city attorney. There shall be no appeal from such determination, except to the superior court by means of an action for declaratory judgment. (Ord. 13-07 § 1 (part), 2013)