Chapter 4.150
LEGAL REPRESENTATION

Sections:

4.150.005    Definitions.

4.150.010    Legal representation.

4.150.020    Exclusions.

4.150.030    Determination of exclusion.

4.150.040    Representation and payment of claims – Conditions.

4.150.050    Effect of compliance with conditions.

4.150.060    Failure to comply with conditions.

4.150.070    Reimbursement of incurred expenses.

4.150.080    Conflict with provisions of insurance policies.

4.150.090    Pending claims.

4.150.005 Definitions.

The words and phrases used in this chapter shall have the following meanings:

A. “Official” means any person who is serving or has served as an officer, as defined by the Charter, in this title, and any person who is serving or has served as an appointed member of any city board, commission or committee.

B. “Employee” means any person who is or has been employed by the city. (Ord. 12-001 § 3, 2013)

4.150.010 Legal representation.

A. The city shall provide to an official or employee, subject to the conditions and requirements of this chapter, legal representation as may be reasonably necessary to defend a claim or lawsuit filed against the official or employee resulting from any conduct, act or omission performed or omitted on behalf of the city in their capacity as a city official or employee.

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 council. (Ord. 12-001 § 3, 2013)

4.150.020 Exclusions.

A. The obligations assumed under this chapter by the city shall not apply to:

1. Any dishonest, fraudulent, criminal, willful, wanton or malicious act of any official or employee;

2. Any act of an official or employee which is not performed 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; or

4. Any lawsuit brought by or on behalf of the city.

B. The provisions of subsection (A) of this section 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 city insurance policy. (Ord. 12-001 § 3, 2013)

4.150.030 Determination of exclusion.

The determination of whether an official or employee is entitled to a defense by the city under the terms of this chapter shall be made by the city attorney or, if the city attorney is unable to do so, by an attorney designated by the council. There shall be no appeal from such determination, except to the superior court by means of an action for declaratory judgment. (Ord. 12-001 § 3, 2013)

4.150.040 Representation and payment of claims – Conditions.

The provisions of this chapter shall be applicable; provided, that the following conditions are met:

A. In the event of any incident, transaction or course of conduct that could result in a claim for damage, or the commencement of a suit, the official or employee involved shall notify his or her department director in writing, identifying all information known to the official or employee involved, including, without limitation, 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. If an official or employee receives a demand, notice or summons or other process relating to any such incident or conduct he or she shall deliver it to his or her department director who shall forward it to the city attorney and city manager. The employee or official shall cooperate with the city attorney or attorney designated by the council, and shall, if requested, 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. The official or employee shall, when requested by the city attorney or attorney designated by the council, attend interviews, depositions, hearings and trials and shall assist in securing and giving evidence and obtaining attendance of witnesses; and

D. The 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, transaction or course of conduct giving rise to any such claim, loss or damage. (Ord. 12-001 § 3, 2013)

4.150.050 Effect of compliance with conditions.

If legal representation of an official or employee is undertaken by the city attorney, and all of the conditions of representation are met, and subsequently a judgment is entered against the official or employee, or a settlement made, the city will pay such judgment or settlement (less punitive damages and amounts relating thereto); provided, that the city may, at its discretion, appeal such judgment. (Ord. 12-001 § 3, 2013)

4.150.060 Failure to comply with conditions.

In the event that any official or employee fails or refuses to comply with any of the conditions of PMC 4.150.040, or elects to provide his/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. (Ord. 12-001 § 3, 2013)

4.150.070 Reimbursement of incurred expenses.

If the city attorney determines that an official or employee does not come within the provisions of this chapter, and a court of competent jurisdiction later determines that such claim does come within the provisions of this chapter, then the city will pay any judgment (less punitive damages and amounts relating thereto) rendered against the official or employee and reasonable attorney’s fees incurred in defending against the claim. The city will not pay any attorney’s fees incurred in obtaining the determination that such claim is covered by the provisions of this chapter. (Ord. 12-001 § 3, 2013)

4.150.080 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 employee’s or official’s right to full coverage pursuant to this chapter. It is the intent of this chapter and section to provide complete coverage (excluding punitive damages) 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. 12-001 § 3, 2013)

4.150.090 Pending claims.

The provisions of this section 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. 12-001 § 3, 2013)