Chapter 2.30
LEGAL ACTIONS BROUGHT AGAINST CITY OFFICIALS AND EMPLOYEES
Sections:
2.30.020 Legal representation.
2.30.030 Payment of claims or judgments – Conditions of representation.
2.30.040 Refusal to cooperate.
2.30.050 Administrative and criminal proceedings.
2.30.055 Retroactive application.
2.30.060 Conflict with provisions of insurance policies.
2.30.010 Definitions.
As used in this chapter, the following terms shall be defined as hereinafter provided:
“Employee” shall mean any person who is serving or who has served in the classified service of the city as defined in RMC 2.28.016.
“Official” means any person who is serving or has served as an elected city official, including the mayor and members of the city council, together with persons who are serving or have served as appointive members of city boards, commissions or committees and all other persons who are serving or who have served in the unclassified service of the city as defined in RMC 2.28.070. [Ord. 70-76 § 1.01; Ord. 80-77 § 1.01; Ord. 3-97; Ord. 40-98].
2.30.020 Legal representation.
As a condition of their service and employment for and on behalf of the city of Richland, the city shall provide to all officials and employees, notwithstanding the fact that such officials and employees may have concluded their service or employment with the city, 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 of Richland. [Ord. 70-76 § 1.01; Ord. 80-77 § 1.02].
2.30.030 Payment of claims or judgments – Conditions of representation.
Except as may be provided in any applicable municipal policy of insurance, the city attorney, or an 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 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 shall, as soon as practicable, give the city attorney written notice thereof, identifying the official or employee involved, which 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 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 the 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 other than for first aid to others at the time of any incident or course of conduct giving rise to any such claim, loss, or damage; and provided further, that in the event that a civil action is brought against any official pursuant to the provisions of the Public Disclosure Laws of the state of Washington, Chapter 42.17 RCW, and the official has been found to be in violation thereof and such finding is not appealed or such finding is upheld or affirmed through the appellate process, such official shall reimburse the city for any and all costs to the city which costs were related to the furnishing of representation to such official, and the city shall have a claim against such official for any amount so expended. [Ord. 70-76 § 1.01].
2.30.040 Refusal to cooperate.
In the event that any such official or employee fails or refuses to cooperate as provided in RMC 2.30.030, or elects to provide his own representation with respect to any such claim and/or litigation, or elects to provide his own representation with respect to any administrative or criminal proceeding, 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. 70-76 § 1.01].
2.30.050 Administrative and criminal proceedings.
The provisions of this chapter shall apply to any administrative or criminal proceeding involving a complaint or charge brought against an official or employee, which complaint or charge results 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 of Richland; provided, however, legal representation shall be furnished to such official or employee by an attorney designated by the judge of the Richland municipal division of the Benton County district court, with the approval of the official or employee, the cost of such representation to be borne by the city; provided further, that such approval of an attorney so appointed by the court shall not be unreasonably withheld, and in the event that approval is unreasonably withheld, it shall be deemed an election by the official or employee to provide his own representation thereby rendering the provisions of this chapter inapplicable and of no force and effect with respect to any such administration or criminal proceeding; provided further, that in the event an administrative body or court finds the official or employee has violated any ordinance of the city of Richland, statute or regulation of the state of Washington, or of the United States of America, which ordinance, statute, or regulation provides for a punitive or criminal sanction, and such finding is not appealed or such finding is upheld or affirmed through an appellate process, including judicial review, the official or employee shall reimburse the city for any and all costs to the city which costs were related to the furnishing of representation to such official or employee, and the city shall have a claim against such official or employee for any amount so expended. [Ord. 70-76 § 1.01].
2.30.055 Retroactive application.
It is the specific intent of this chapter that it have retroactive application. [Ord. 80-77 § 1.04].
2.30.060 Conflict with provisions of insurance policies.
Nothing contained herein shall be construed to modify or amend any provision of any policy of insurance wherein the city of Richland 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 provisions shall be controlling; provided, however, that nothing contained herein shall be deemed to limit or restrict any employee’s or official’s right to full coverage pursuant to this chapter, it being the intention of this section to provide complete coverage outside and beyond insurance policies which may be in effect while not compromising the terms and conditions of such policies by any conflicting provision contained in this chapter. [Ord. 70-76 § 1.01; Ord. 80-77 § 1.03].
2.30.070 Severability.
The invalidity of any section, subsection, provision, clause or portion of this chapter, or the invalidity of the application thereof to any person or circumstance, shall not affect the validity of the remainder of this chapter or the validity of its application to other persons or circumstances. [Ord. 70-76 § 1.01].