Chapter 2.70
LEGAL DEFENSE FOR ACTS OR OMISSIONS

Sections:

2.70.010    Circumstances where City will defend.

2.70.020    Determination of acts covered by this chapter.

2.70.030    Payment of any settlement or judgment.

2.70.040    Definitions.

2.70.050    Insurance coverage.

2.70.060    Bargaining unit contract.

2.70.070    Punitive damages.

2.70.010 - Circumstances where City will defend

The City of Olympia shall at the request of any City officer, employee or volunteer defend at the City’s expense said officer, employee or volunteer in any claim and/or litigation arising from any conduct, acts or omissions of such officers, employees or volunteers, under the following circumstances:

A.    If the acts or omissions were in good faith intended to be within the scope of the officer’s, employee’s or volunteer’s official duties with the City of Olympia, as determined under Section 2.70.020 below;

B.    If and when a claim for damages is filed with the City, the officer, employee or volunteer, as soon as practicable, gives the City Manager’s office a report on the incident involved, identifying the officers, employees or volunteers involved, giving information with respect to time, place and circumstances relative thereto and the names and addresses of witnesses or any other person with knowledge of the incident;

C.    If throughout the proceeding, the officer, employee or volunteer cooperates with the City Manager’s office, City Attorney’s office or any representative of an insurance adjustment firm or insurance authority or company retained by the City, or to which the City is a member, in the handling of any such claim and/or litigation by attending meetings, giving interviews, depositions, attending hearings and trials and assisting in securing and giving evidence and obtaining the attendance of witnesses;

D.    If the officer, employee or volunteer has not or does not voluntarily, without authority from the City, assume any obligation, or commit to any responsibility arising out of the incident involved which gives rise to any loss or damage, except at the personal expense and cost of the officer or employee.

(Ord. 5503 §1, 1995).

2.70.020 - Determination of acts covered by this chapter

The determination whether the officer, employee or volunteer was acting in good faith within the scope of his or her official duty with the City shall be made by the City Manager’s office in consultation with the City Attorney. This determination shall be based on an investigation of the acts and circumstances surrounding the incident and shall be made as early in the proceedings as is reasonably possible. Once the determination is made, the officer, employee or volunteer involved shall be notified by the City Manager in writing. If the employee involved is the City Manager, the determination shall be made by the City Council. Any determination made under this section shall not be subject to appeal.

If the investigation reveals that the claim or action arose from any dishonest, fraudulent, criminal or malicious acts or omissions of the officer, employee or volunteer, such acts or omissions shall in no event be deemed within the scope of his or her official duties for purposes of this chapter.

(Ord. 5503 §2, 1995).

2.70.030 - Payment of any settlement or judgment

Should it be determined pursuant to this chapter that an officer, employee or volunteer acted in good faith within the scope of his or her official duties, any settlement, award or judgment against said officer, employee or volunteer shall be paid by the City or by its insurance carrier as provided below; provided, that if during the course of further investigation, trial discovery or trial it is found that any officer, employee or volunteer in fact did not act in good faith within the scope of his or her official duties, any obligation of the City hereunder to defend and/or pay any monetary settlement, award or judgments may in the discretion of the City Manager be discontinued. If the officer or employee is the City Manager, the latter determination shall be made by the City Council.

(Ord. 5503 §3, 1995).

2.70.040 - Definitions

For purposes of this chapter, the term "officers" or "employees" shall mean all paid employees of the City, whether full-time or part-time, temporary or permanent. A person shall not be deemed an officer or employee simply because he/she receives reimbursement for travel or other similar payments incident to some activity performed on behalf of the City. The term "officers" shall for purposes of this ordinance include members of the City Council.

The term "volunteer" shall mean any person performing services on behalf of and at the request of the City and who receives no compensation for such services. The fact that the person receives reimbursement for out of pocket expenses incident to such services, is covered by the City for worker’s compensation or is covered under the City’s liability insurance plan shall not affect the person’s status as a volunteer.

(Ord. 5503 §4, 1995).

2.70.050 - Insurance coverage

Nothing contained in this chapter shall be construed to modify or amend any provision of any insurance coverage either through the Washington Cities Insurance Authority or another carrier, wherein the City or any officer, employee or volunteer is the named insured. In the event that any conflict exists between this chapter and the provisions of any such policy of insurance or coverage, the policy or coverage provision shall be controlling; provided, however, that nothing contained in this section shall be deemed to limit or restrict any employee’s, officer’s or volunteer’s rights to full coverage pursuant to this chapter, it being the intention of this chapter to provide, if necessary, complete coverage outside and beyond insurance policies or coverage which may be in effect while not compromising the terms and conditions of such policies or coverage by any conflicting provision contained in this chapter. Nothing in this chapter shall preclude the City from undertaking an officer’s, employee’s or volunteer’s defense under a reservation of rights.

(Ord. 5503 §5, 1995).

2.70.060 - Bargaining unit contract

If a bargaining unit contract covers any of the provisions of this chapter, all employees under such contract shall be governed by the provisions thereof, rather than by the provisions of this chapter, and where any conflict exists between the provisions of any such contract in this chapter, the contract shall control.

(Ord. 5503 §6, 1995).

2.70.070 - Punitive damages

When an officer, employee or volunteer of the City has been represented in a claim and/or litigation by the City pursuant to this chapter and any judgment is rendered against such officer, employee or volunteer for punitive damages, the officer, employee or volunteer may make a request to the City Council that the City pay the award of punitive damages on behalf of the officer, employee or volunteer. Upon receiving a request made by or on behalf of a City officer, employee or volunteer to pay punitive damages, the City Council shall receive a report and recommendation from the City Manager. If the officer or employee is the City Manager or a City Councilmember, the City Council may retain the services of any person or agency to provide any report or information deemed necessary. Following receipt of the report and any recommendation, the City Council shall determine whether the best interest of the City and justice will be served by payment by the City of the award for punitive damages. There shall be no appeal from such determination. The Mayor shall communicate the Council’s determination with respect to the officer’s, employee’s or volunteer’s request for payment of punitive damages to said officer, employee or volunteer. Thereafter, the Director of Administrative Services shall authorize payment of punitive damages or decline to pay punitive damages in conformity with the Council’s determination.

(Ord. 5503 §7, 1995).