Chapter 2.90
PROCEDURES FOR AUTHORIZING THE DEFENSE OF CLAIMS OR ACTIONS
Sections:
2.90.030 Determination of conduct.
2.90.050 Scope of defense and indemnification.
2.90.010 Purpose.
A. This chapter implements the requirements of RCW 36.16.134, as hereafter amended, requiring local governmental agencies to create a procedure for authorizing the defense of an action or proceeding brought against an elected or appointed officer, employee, or volunteer at the expense of the city.
B. This chapter also authorizes the indemnification of an officer, employee, or volunteer of the city in accordance with RCW 36.16.138 and Chapter 48.62 RCW, as hereafter amended. (Ord. 649 § 1, 1994)
2.90.020 Standard of conduct.
This chapter applies to any threatened or pending action, claim, or other proceeding against any past or present elected or appointed officer, employee, or volunteer of the city, to the extent the conduct arises out of and is within the scope of such person’s good faith performance, purported performance, or failure of performance of his or her official duties. (Ord. 649 § 1, 1994)
2.90.030 Determination of conduct.
Unless ordered or adjudged by a court of competent jurisdiction, the defense and indemnification of an elected or appointed officer, employee, or volunteer may be authorized only as follows:
A. To the extent that the claimant has been successful on the merits; and
B. Where there has been a determination, by a majority vote of all the city council not interested in or a party to the action, claim, or other proceeding, that the standard of conduct requirement in DPMC 2.90.020 has been satisfied. In the event a majority vote cannot be obtained because of the interest of members of the city council, then all members of the city council shall be permitted to vote. (Ord. 649 § 1, 1994)
2.90.040 Notice.
Any past or present elected or appointed officer, employee, or volunteer who seeks defense and indemnification in any action, claim, or proceeding must give notice, in writing, to the mayor of his or her request for defense and indemnification before incurring any costs, disbursements, or attorneys’ fees for which reimbursement is sought, and provide a copy of any and all claims, pleadings, reports, or other written statements regarding the allegations. (Ord. 649 § 1, 1994)
2.90.050 Scope of defense and indemnification.
A. General. The city shall pay the reasonable and necessary expenses actually incurred and connected with the defense, settlement, or monetary judgments, including costs, disbursements, and reasonable attorneys’ fees arising out of any action, claim, or other proceeding, within the standard of conduct referred to in DPMC 2.90.020, and for which notice has been given pursuant to DPMC 2.90.040. The city council shall be the sole judge of the reasonable and necessary expenses to be borne by the city.
B. Punitive Damages. The city council may authorize payment of an award of punitive damages by a majority vote of the full council.
C. Criminal Conduct. Defense and indemnification shall not be authorized for any claim or action founded upon a violation of a statute, law, rule, or regulation punishable by fine, imprisonment, or both.
D. Expenses Prior to Determination. The city may pay expenses actually incurred in defending any action, claim, or other proceeding as they are incurred, and prior to a determination of conduct pursuant to DPMC 2.90.030; provided, however, that the city may reserve its right to terminate said payments and seek reimbursement from the officer, employee, or volunteer of expenses incurred on his or her behalf, upon a determination by the city council that a right to a defense and indemnification does not exist. (Ord. 649 § 1, 1994)
2.90.060 Interpretation.
This chapter is intended to exercise the authority contained in RCW 36.16.134, and Chapter 48.62 RCW, and shall be construed in light of said statutes, as hereafter amended, and interpretative case law. This chapter supersedes any other motion, resolution, or ordinance inconsistent herewith. (Ord. 649 § 1, 1994)
2.90.070 Insurance.
The failure of the city to maintain insurance coverage for any claim, action, or other proceedings against its officers, employees, or volunteers shall not be construed as limiting the rights to defense and indemnification provided for in this chapter. (Ord. 649 § 1, 1994)
2.90.080 Recall.
The necessary expenses of defending an elective officer of the city against a recall charge as provided in RCW 29.82.023 shall be paid by the city, provided approval is granted as provided in RCW 36.16.134. (Ord. 649 § 1, 1994)