Chapter 2.62
LEGAL DEFENSE FOR OFFICERS AND EMPLOYEES
Sections:
2.62.010 Officer and employee defined.
2.62.020 Counsel for defense--City attorney’s responsibility.
2.62.030 Determination of eligibility.
2.62.040 Conditions precedent to receiving benefits under this chapter.
2.62.060 Claims rejected by insurance carriers.
2.62.080 Chapter not waiver of governmental immunity.
2.62.010 Officer and employee defined.
For purposes of this chapter, "officer" includes any elected or appointed official of the city, and "employee" includes all employees of the city, whether under civil service or not. (Ord. 625 §1, 1977).
2.62.020 Counsel for defense--City attorney’s responsibility.
In addition to the other duties of the city attorney, he shall have the duty of representing as counsel, without charge to the persons involved, any city officer or employee in connection with any claim, suit for damages, or other action against such person arising from any incident or course of conduct in connection with the performance by such officer or employee of his or her public duties; provided, that such officer or employee may have his or her own counsel to provide such defense or assist in the defense at the sole expense of the officer or employee. (Ord. 625 §2, 1977).
2.62.030 Determination of eligibility.
The determination of whether any officer or employee was acting within the scope and course of his employment by the city, and thus became eligible for representation pursuant to Section 2.62.020, shall be made by the mayor; provided, that in the event the named defendant is the mayor the determination shall be made by an affirmative vote of the city council. (Ord. 625 §3, 1977).
2.62.040 Conditions precedent to receiving benefits under this chapter.
A. It shall be a condition of employment of city officers and employees, and a condition precedent to receiving the benefits and protections provided by this chapter, that in the event there is made against any officer or employee any claim and/or litigation arising from any conduct, act or omission of such officer or employee in the scope and course of his city employment, the following actions shall be taken by the officer or employee:
1. Request of the city legal service provided pursuant to Section 2.62.020;
2. In the event of any such incident or course of conduct giving rise to a claim for damage and/or litigation, as soon as practical give the mayor and the city attorney written notice thereof, identifying the officers or employees involved, and containing information with respect to time, place and circumstances thereof and the names and addresses of persons allegedly injured or otherwise damaged and of available witnesses;
3. Forward to the city attorney every demand, notice, summons or other process relating to any such incident or course of conduct, and received by him or his representative;
4. Cooperate with the city attorney fully and completely, and, upon request, assist in making settlements in the conducts of suits and enforcing any claim or any right of contribution or indemnity against any person or organization who may be liable to the city because of any damage or alleged loss arising from said incident or course of conduct;
5. Attend interviews, depositions, hearings and trials and fully assist in securing and giving evidence and obtaining the attendance of witnesses;
6. Not accept at their own cost to 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 alleged loss or damage.
B. In the event any such officer or employee fails or refuses to cooperate as specified in this section, or elects to provide his or her own legal representation with respect to any such claims and/or obligations, or provides such payment or incurs such obligation or expense, then the provisions of this chapter shall be inapplicable and of no force or effect with respect to any such claim and/or litigation. (Ord. 625 §4, 1977).
2.62.050 Indemnification.
A. Any officer or employee who is held liable for payment of any claims or damages by way of judgment or settlement shall be entitled to indemnification by the city where the acts resulting in such liability were done in good faith, without malice, and were within the scope of the authority and in the course of the city’s duties and responsibilities.
B. The city’s responsibility under this section to assume the defense of a claim upon tender and to indemnify any officer or employee from any sums awarded shall not apply to any claim to the extent that such claim aims or, in fact, results in an award for exemplary or punitive damages allowed under any federal or state law, including but not limited to civil rules and laws of the United States of America or any attorneys’ fees incurred as a result of the necessity of defending such a claim. This subparagraph shall be inapplicable in the event that any insurance policy or document of coverage of which the city is a part as a result of any interlocal agreement provides coverages for such claims and costs. (Ord. 901 §1, 1993; Ord. 625 §5, 1977).
2.62.060 Claims rejected by insurance carriers.
Actions pursuant to this chapter shall be taken only in the event that any insurance carrier providing coverage to the city for any such claims arising from any conduct, act or omission has previously been tendered the defense of the claim in question and has rejected it as being outside the scope and coverage of the policies in effect; provided, that in the event any judgment or settlement exceeds the limits of coverage provided in any such policy, the city council may determine by affirmative action of a majority of the council to pay any such judgment or settlement to the extent that it exceeds any such limit of coverage. (Ord. 625 §6, 1977).
2.62.070 Scope of chapter.
The provisions of this chapter shall apply to any claim and/or litigation currently pending or subsequently filed and/or made. (Ord. 625 §7, 1977).
2.62.080 Chapter not waiver of governmental immunity.
Nothing in this chapter shall be construed as waiving the city’s defense of governmental immunity to it or its officers or employees in any action brought against the city or such officer or employee, nor as accepting any liability other than as specifically provided by the terms of this chapter. (Ord. 625 §8, 1977).