CHAPTER 1-23
CITY OFFICERS AND EMPLOYEES
SECTIONS:
1-23-001-0001 LIABILITY FOR ACTS OF CITY OFFICERS AND EMPLOYEES:
1-23-001-0001 LIABILITY FOR ACTS OF CITY OFFICERS AND EMPLOYEES:
A. Definitions. In this Section, unless the context otherwise requires:
CITY: The City of Flagstaff, a municipal corporation organized under the laws of the State of Arizona.
EMPLOYEE: All persons who are not public officers who are employed on a full or part-time basis by the City, and are receiving, or will be entitled to receive, benefits normally accruing to City employees, and shall include officially recognized City volunteers who would normally be covered under the City’s insurance policies and are engaging in City activities on behalf of the City, but shall not include persons, partnerships, associations, or corporations:
1. Contracted by the City to render specified consulting services, or
2. Awarded a contract pursuant to Article VIII of the Flagstaff Charter or Title 34 of the Arizona Revised Statutes.
PUBLIC OFFICER: Any person elected to the office of Mayor or Councilmember at an election held for that purpose pursuant to Article IX of the Flagstaff Charter, any person elected by the City Council to fill a vacancy on the City Council pursuant to Article II, section 10 of the Flagstaff Charter, or any person appointed by the City Council to any City office created or authorized by the Charter or ordinances of the City of Flagstaff, or by the laws of the State of Arizona.
WRONGFUL ACTS: Any actual or alleged error, mistake, act or omission, neglect or breach of duty including misfeasance, malfeasance and nonfeasance, committed by any public officers or employees, individually or collectively, in the discharge of their duties with the City, or any matter claimed against them by reasons of their being, or having been, public officers or employees of the City.
B. Defense and Indemnity: Except as provided in subsection (C), the City shall defend any suit against any public officers or employees of the City for acts performed on behalf of the City. In any such suit, the City shall bear the costs for such defense, and shall indemnify its public officers or employees for any amount in damages assessed against them on account of their wrongful acts. The City shall make such investigations and settlement of any such claim or suit as it deems expedient. Where insurance carried by the City covers said wrongful act(s), the provisions of this Section shall only apply to amounts in excess of insurance policy coverage.
C. Exclusions: The City shall not be liable to defend or indemnify its public officers or employees under the following circumstances:
1. Where a judgment or other final adjudication adverse to the public officer or employee shall establish that acts of active or deliberate dishonesty or fraud committed by such public official or employee was material to the cause of action so adjudicated.
2. Where the public officer or employee gained any personal profit or advantage to which they were not legally entitled, including remuneration paid in violation of law, as determined by a court of competent jurisdiction.
3. Where the cause of action was based upon or attributable to a conflict of interest of the public officer or employee which said public officer or employee either knew of, or should have known of through the exercise of reasonable prudence.
4. Upon the filing of a criminal complaint or indictment unless the act or omission giving rise to the complaint or indictment was required by or authorized under the public officer’s or employee’s duties and responsibilities, as determined by the City Council.
D. Application of Regulations: The provisions of this Section apply to all public officers and employees of the City for their wrongful acts, except as provided in subsection (C) of this Section, whether the claim is filed during or subsequent to the public officer’s or employee’s term of office or employment.
E. Abrogation: This Section shall not abrogate any local, State or Federal laws or regulations. (Ord. 1396, Amended, 11/19/1985)