Chapter 2.86
LEGAL REPRESENTATION FOR CITY EMPLOYEES AND OFFICIALS
Sections:
2.86.010 Definition of “officials and employees.”
2.86.020 Legal representation.
2.86.030 Payment of claims or judgments – Conditions of representation.
2.86.040 Refusal to cooperate.
2.86.070 Conflict with insurance policies.
2.86.010 Definition of “officials and employees.”
As used in this chapter, “officials and employees” shall mean all elected city officials, including the mayor and members of the city council, together with the city supervisor, the code enforcement officer, the city attorney, the director of public works, the parks and recreation director, the librarian, the city clerk, the city treasurer, the police chief, the municipal court judge and the fire chief, and all other full-time and part-time employees of the city not specifically identified. (Ord. 1193 § 1, 1987).
2.86.020 Legal representation.
As a condition of their service and employment for and on behalf of the city, the city shall provide to all officials and employees such legal representation as may be reasonably necessary to defend any claims and/or litigation resulting from any conduct, acts or omissions of such officials or employees arising from the scope or course of their service or employment with the city, including claims and/or litigation by officials or employees against other officials or employees. (Ord. 1193 § 2, 1987).
2.86.030 Payment of claims or judgments – Conditions of representation.
Except as may be provided in any applicable municipal policy of insurance, the city attorney, or any attorney designated by the city attorney, shall, at the request and on behalf of any official or employee of the city, investigate and defend such claims or litigation, and, if a claim is deemed by the city attorney to be a proper claim, or, if judgment be rendered against such an official or employee, such claim or judgment shall be paid by the city; provided that:
A. In the event of any incident or course of conduct giving rise to a claim for damage and/or litigation, the official or employee involved shall, as soon as practicable, give the city attorney written notice thereof, identifying the official or employee involved, and said notice shall contain all information known to the official or employee with respect to the date, time, place and circumstances surrounding the incident or conduct, 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. Upon receipt thereof, the official or employee shall forthwith deliver any demand, notice, summons or other process relating to any such incident or conduct to the city attorney, and shall cooperate with the city attorney or an attorney designated by the city attorney, or attorney designated by any policy of insurance of the city and, upon request, assist in making settlements of any suits and in enforcing any claim for any right of subrogation against any persons or organization that may be liable to the city because of any damage or claim of loss arising from said incident or course of conduct;
C. Such officials or employees shall attend interviews, depositions, hearings and trials, and shall assist in securing and giving evidence and obtaining the attendance of witnesses;
D. Such officials or employees shall not accept nor voluntarily make any payment, assume any obligation or incur any expense at the time of any incident or course of conduct giving rise to any such claim, loss or damage. (Ord. 1193 § 3, 1987).
2.86.040 Refusal to cooperate.
In the event that any such official or employee fails or refuses to cooperate as provided in GMC 2.86.030, or elects to provide his own representation with respect to any such claim and/or litigation, then the provisions of this chapter shall be inapplicable and of no force and effect with respect to any such claim and/or litigation. (Ord. 1193 § 4, 1987).
2.86.050 Exclusions.
The obligations assumed under this chapter by the city and the city attorney shall not apply to any dishonest, fraudulent, criminal or malicious act of an official or employee, or to any act of an official or employee which is outside of the scope and course of his or her duties and employment with the city. Further, the provisions of this chapter shall have no force and effect with respect to any accident, occurrence or circumstance in which the city or the officials or employees are insured against loss or damages under the terms of any valid insurance policy, except a claim or judgment that may exceed said insurance policy.
Notwithstanding the foregoing, the city may indemnify an employee or official charged with a dishonest, fraudulent, criminal or malicious act done while acting within the scope of his or her duties or employment with the city where such employee or official has successfully defended against any such act. (Ord. 1394 § 1, 1994; Ord. 1193 § 5, 1987).
2.86.060 Payment of claims.
The provisions of this chapter shall not modify existing procedures or requirements of law for processing and payment of claims against the city, or of judgments in those cases in which the city is a party defendant. (Ord. 1193 § 6, 1987).
2.86.070 Conflict with insurance policies.
Nothing contained in this chapter shall be construed to modify or amend any provision of any policy of insurance wherein the city or any official or employee thereof is the named insured. In the event of any conflict between this chapter and the provisions of any such policy of insurance, the policy provision shall be controlling. (Ord. 1193 § 7, 1987).
2.86.080 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 filed after the effective date of the ordinance codified in this chapter, irrespective of the date of the events or circumstances which are the basis of such claim or lawsuit. (Ord. 1193 § 8, 1987).
2.86.090 Union contract.
If a bargaining unit contract covers any of the provisions covered by GMC 2.86.010 through 2.86.080, all persons under such contract shall be governed by its provisions rather than the provisions of GMC 2.86.010 through 2.86.080 where a conflict exists. (Ord. 1394 § 2, 1994).