Chapter 2.66 LEGAL DEFENSE FOR CITY EMPLOYEES, ELECTED OFFICIALS AND VOLUNTEERS

Chapter 2.66
LEGAL DEFENSE FOR CITY EMPLOYEES, ELECTED OFFICIALS AND VOLUNTEERS

Sections:

2.66.020 Notice of claim – City attorney to evaluate.

2.66.030 Cooperation with city in defense.

2.66.010 Defense of acts or omissions.

The city shall indemnify, hold harmless and defend a city employee, elected official or volunteer for any liability that may arise from acts or omissions committed by the employee, volunteer or elected official where said acts or omissions were made in good faith during the course of and in the scope of city employment or volunteer activity. (Ord. 1000 § 2, 1989).

2.66.020 Notice of claim – City attorney to evaluate.

Upon receiving notification that a claim is being made against him/her the city employee, volunteer or officer shall immediately notify the city attorney that a claim has been made and he/she shall deliver to the city attorney a copy of the summons and complaint and any other documents that have been served upon him/her. The city attorney shall then evaluate the claim and notify the employee/ officer/volunteer in writing as to whether or not he/she is entitled to defense and indemnity by the city. If the city attorney determines that any or all of the claims are not entitled to defense and indemnity by the city he shall so notify the employee/volunteer/city official who may then appeal that decision to the city council within 10 days of receiving notification of the rejection. The city council shall then review the city attorney’s decision and may reverse, modify or affirm that decision. The decision of the city council shall be final. Any appeal from that decision to the superior court must be made within 10 days of the council providing its written decision to the affected employee/ officer/volunteer. (Ord. 1000 § 3, 1989).

2.66.030 Cooperation with city in defense.

If the city determines that it will provide a defense for the affected city employee/officer/volunteer then the affected employee/officer/volunteer will fully cooperate with the city in preparing a defense and trying the case should it go to trial. If the city employee/officer/volunteer fails to cooperate then the city may refuse to provide further defense and indemnity. (Ord. 1000 § 4, 1989).

2.66.040 Acts not defended by city.

The city shall have no duty to indemnify, hold harmless or defend a city employee/officer/volunteer with regards to the following:

A. Nonmonetary orders that are entered against the employee/officer/volunteer;

B. Consequences of the lawsuit that occur prior to the time the employee/officer/volunteer notifies the city attorney about the claim;

C. Any criminal complaint;

D. Any intentional tort or for any conduct that is wilful or wanton; provided, however, if the city employee/officer/volunteer denies that he/she has committed intentional or wilful or wanton conduct, then the city shall provide the defense but shall have no duty to indemnify the employee/ officer/volunteer if any judgment is entered against he/she for intentional or wilful and wanton wrongful conduct; provided further, if the trier of fact finds that the employee/officer/volunteer has committed a wilful, wanton or intentional wrongful act then he shall be required to reimburse the city for defense costs, including attorney fees, incurred in defending the employee/officer/volunteer in said lawsuit. The city shall require the employee to sign an agreement indicating he will reimburse the city for defense costs, including attorney fees, should the trier of fact determine the employee committed a wilful, wanton or intentional wrongful act. This document shall be signed before the city is obligated to provide a defense;

E. Any recall process instituted against an elected official. (Ord. 1000 § 5, 1989).

2.66.050 City’s duty to indemnify.

The city’s duty to indemnify, hold harmless and defend is recognized as a common-law duty and as a historical policy of the city. The codification of this policy does not constitute a change in remuneration during any elected official’s tenure in office, nor does it constitute a unilateral change in wages, hours or working conditions of any employee who serves the city under the terms of a collective bargaining agreement. (Ord. 1000 § 6, 1989).