Chapter 2.70
LEGAL REPRESENTATION OF CITY OFFICIALS AND EMPLOYEES
Sections:
2.70.010 Definitions.
2.70.020 Legal representation.
2.70.030 Determination.
2.70.040 Determination of representation.
2.70.050 Representation and payment of claims – Conditions.
2.70.060 Effect of compliance and conditions.
2.70.070 Failure to comply with conditions.
2.70.080 Reimbursement of incurred expenses.
2.70.090 Conflict with provisions of insurance policies.
2.70.100 Pending claims.
2.70.010 Definitions.
Unless the context indicates otherwise, the words and phrases used in this chapter shall have the following meaning:
A. “Official” means any person who is serving or has served as an elected, elective, or appointed City official, and any person who is serving or has served as an appointed member of a City board, commission, or committee.
B. “Employee” means any person who is or has been employed by the City, but not including any independent contractor. “Employee” also includes reserve police officers, volunteer firefighters and other persons who have volunteered their services to the City without pay and who are acting under the direction and control of a paid employee of the City. (Ord. 1889 § 1, 1991; Ord. 1820 § 1, 1989).
2.70.020 Legal representation.
A. As a condition of service or employment with the City of Issaquah, the City may provide to an official or employee, subject to the conditions and requirements of this chapter, such legal representation as may be reasonably necessary to defend a claim or lawsuit filed against such official or employee resulting from any conduct, act, or omission of such official or employee performed or omitted on behalf of the City in his or her capacity as a City official or employee, which act or omission is within the scope of his or her service or employment with the City.
B. Except as may be provided in any applicable policy of municipal insurance, such legal representation shall be provided by the City Attorney or by an attorney designated by the City Attorney. (Ord. 1820 § 1, 1989).
2.70.030 Determination.
A. The City may decline to provide legal representation to an official or employee on account of:
1. Any dishonest, fraudulent, criminal, or malicious act of any official or employee, including traffic infractions;
2. Any act of an official or employee which is not performed in good faith on behalf of the City;
3. Any act which is outside the scope of an official’s or employee’s service or employment with the City;
4. Any lawsuit brought by or on behalf of the City;
5. A suit involving one employee or official against another and the City is not a party to the lawsuit; or
6. Any situation where the City determines there is conflict between the City and the official or employee.
B. The provisions of this chapter shall have no force or effect with respect to any accident, occurrence, or circumstance for which the City or the official or employee is insured against loss or damages under the terms of any valid insurance policy. (Ord. 1820 § 1, 1989).
2.70.040 Determination of representation.
The determination of whether an official or employee will be provided legal representation by the City under the terms of this chapter shall be made by the City Council. There shall be no appeal from such determination. (Ord. 1820 § 1, 1989).
2.70.050 Representation and payment of claims – Conditions.
The provisions of this chapter shall be subject to the following conditions:
A. In the event of any incident or course of conduct potentially giving rise to a claim for damage, or the commencement of a suit, the official or employee involved shall, as soon as practicable, give the City Attorney written notice thereof, identifying the official or employee involved, all information known to the official or employee with respect to the date, time, place, and circumstances surrounding the incident or conduct giving rise to the claim or lawsuit, 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 claims, demand, notice, or summons or other process relating to any such incident or conduct to the City Attorney, and shall cooperate with the City Attorney or any attorney designated by the City Attorney, and shall, upon request, assist in making settlements of any suits and enforcing any claim for any right of subrogation against any persons or organizations that may be liable to the City because of any damage or claim of loss arising from such incident or course of conduct;
C. Such official or employee shall without cost to the City, attend interviews, depositions, hearings and trials, and shall assist in securing and giving evidence and obtaining attendance of witnesses; and
D. Such official or employee 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. (Ord. 1820 § 1, 1989).
2.70.060 Effect of compliance and conditions.
If legal representation of an official or employee is undertaken by the City, all of the conditions of representation are met, and a judgment is entered against the official or employee, or the City agrees to a settlement, the City shall pay such judgment or settlement; provided, that the City may, at its discretion, appeal as necessary such judgment. (Ord. 1820 § 1, 1989).
2.70.070 Failure to comply with conditions.
In the event that any official or employee fails or refuses to comply with any of the conditions of this chapter, or elects to provide his or her own representation with respect to any such claim or litigation, then all of the provisions of this chapter shall be inapplicable, and have no force or effect with respect to any such claim or litigation; provided, however, nothing contained in this section shall prevent an official or employee from obtaining personal legal representation at his or her own expense to act in cooperation with the attorney designated by the City of Issaquah. (Ord. 1820 § 1, 1989).
2.70.080 Reimbursement of incurred expenses.
Nothing in this chapter shall be deemed to prevent the City from, at any time, withdrawing its legal representation of an official or employee if the City determines that the official or employee should not have been afforded a defense under the terms of this chapter or other law. In that event, the City shall have no further obligations to provide defense and/or pay judgments and shall have the right to recover any previously expended sums from the official or employee. (Ord. 1820 § 1, 1989).
2.70.090 Conflict with provisions of insurance policies.
Nothing contained in this chapter shall be construed to modify or amend any provision of any policy of insurance where any City official or employee thereof is a 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 in this section shall be deemed to limit or restrict any employees’ or official’s right to full coverage pursuant to this chapter, it being the intent of this chapter and 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. 1820 § 1, 1989).
2.70.100 Pending claims.
The provisions of this chapter shall apply to any pending claim or lawsuit against an official or employee, or any such claim or lawsuit hereafter filed, irrespective of the date of the events or circumstances which are the basis of such claim or lawsuit. (Ord. 1820 § 1, 1989).