Chapter 2.96
INDEMNIFICATION*

Sections:

2.96.010    Legal counsel and indemnification to be provided.

2.96.020    Exceptions.

2.96.030    Other legal counsel.

2.96.040    Other rights.

2.96.050    City attorney responsibilities.

*Cross reference(s) – City administrator, ch. 2.03; city attorney, ch. 2.04; city clerk, ch. 2.05; finance department, ch. 2.16; information services department, ch. 2.18; human resources department, ch. 2.20; police department, ch. 2.22; fire department, ch. 2.24; parks and recreation department, ch. 2.26; department of public works, ch. 2.28; planning department, ch. 2.30; office of housing and human services, § 2.30.010 et seq.

State law reference(s) – Indemnification and claims, RCW 4.24.470.

2.96.010 Legal counsel and indemnification to be provided.

The city council shall in all cases provide competent legal counsel of its choosing, to defend any elected official, officer or employee of the city, or the member of any city board or commission who is a party, or is threatened to be made a party to any threatened, pending or contemplated action, suit or proceeding, whether civil, criminal, administrative or investigative, by reason of the fact that such person is or was an elected official or officer or employee of the city, or member of any city board or commission. The city shall pay or indemnify such elected official, officer or employee, or member of any city board or commission as against all expenses, fees, judgments, fines and amounts paid in settlement actually and reasonably incurred by him in connection with such action, suit or proceeding, except as otherwise provided in this chapter.

(Ord. No. 2176, § 1. Formerly Code 1986, § 2.48.010)

2.96.020 Exceptions.

A. Nothing in this chapter shall be construed to require the city to provide legal counsel of such indemnification for any elected official, officer or employee of the city, or the member of any city board or commission, in the following situations:

1. In civil matters, where the elected official, officer or employee, or board or commission member:

a. Is the plaintiff or moving party; or

b. Where it shall be finally adjudicated in any action, suit or proceeding that such elected official or officer or employee, or board or commission member shall not have acted in good faith and in the reasonable belief that his action was in the best interest of the city.

2. In criminal matters, where the elected official, officer or employee, or board or commission member:

a. Is the complaining party; or

b. Had reasonable cause to believe that such conduct was unlawful.

B. Termination of any action, suit or proceeding by judgment, order or conviction adverse to such person, or by settlement, shall not of itself create a presumption that such person did not act in good faith and in the reason or belief that his action was in the best interest of the city, and with respect to any criminal action or proceeding had reasonable cause to believe that his conduct was unlawful.

(Ord. No. 2176, § 2. Formerly Code 1986, § 2.48.020)

2.96.030 Other legal counsel.

Nothing in this chapter shall be construed to prohibit any such elected official, officer or employee, or member of any city board or commission from seeking additional legal counsel other than that provided by the city. However, nothing in this chapter shall be construed as to require the city to pay any fees or other expenses incurred as a result of employment of such additional counsel.

(Ord. No. 2176, § 3. Formerly Code 1986, § 2.48.030)

2.96.040 Other rights.

The rights provided for in this chapter shall not be deemed exclusive of any other rights to which those indemnified may be entitled under any other statute, ordinance, agreement, insurance or policy of the city.

(Ord. No. 2176, § 4. Formerly Code 1986, § 2.48.040)

2.96.050 City attorney responsibilities.

In circumstances involving litigation or other legal proceeding between two (2) persons qualifying for the privileges granted in this chapter, the city attorney will not be required to represent or otherwise participate on behalf of either party.

(Ord. No. 2176, § 5. Formerly Code 1986, § 2.48.050)