Chapter 2.86
LEGAL ACTION AGAINST CITY OFFICIALS AND EMPLOYEES
Sections:
2.86.030 Conditions of representation or payment of claims or judgments
2.86.040 Refusal to cooperate to render chapter inapplicable
2.86.050 Certain actions and occurrences excluded
2.86.070 Conflict with insurance policies
2.86.010 Definitions.
As used in this chapter, the following definition shall apply:
“Officials and employees” means all elected City officials, including the Mayor and members of the City Council, together with the City Administrator, the City Attorney, the City Engineer, the City Clerk, the Police Chief and all full- and part-time employees of the City. (Ord. 973, Sec. 1, 2016)
2.86.020 Legal representation.
As a condition of their service and employment for and on behalf of the City of Lake Stevens, 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 or in good faith purported to be within the scope or course of their service or employment with the City of Lake Stevens, including claims and/or litigation by officials or employees against other officials or employees. (Ord. 973, Sec. 1, 2016)
2.86.030 Conditions of representation or payment of claims or judgments.
Except as may be provided in any applicable municipal policy of insurance, the City Attorney, or an attorney designated by the City Attorney, at the request and on behalf of any official or employee of the City, shall 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 is 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, as soon as practicable, shall give the City Attorney written notice thereof, identifying the official or employee involved, and containing 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 and, upon request, shall 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 cooperating with the City’s insurance defense counsel when appointed, and shall assist in securing and giving evidence and obtaining the attendance of witnesses. (Ord. 973, Sec. 1, 2016)
2.86.040 Refusal to cooperate to render chapter inapplicable.
In the event that any official or employee covered by this chapter fails or refuses to cooperate as provided in Section 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. 973, Sec. 1, 2016)
2.86.050 Certain actions and occurrences excluded.
The obligations assumed under this chapter by the City and the City Attorney or other appointed defense counsel 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 official 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 official or employees are insured against loss or damages under the terms of any valid insurance policy. (Ord. 973, Sec. 1, 2016)
2.86.060 Payment of claims.
The provisions of this chapter shall not modify existing procedures or requirement 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. 973, Sec. 1, 2016)
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 of Lake Stevens 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. 973, Sec. 1, 2016)