Chapter 2.80
Claims Against Officers And Employees
Sections:
2.80.020 City attorney to act as counsel--Exception.
2.80.030 Determination of eligibility for representation.
2.80.040 Terms of provisions--Required actions--Effect of noncompliance.
2.80.050 Right to indemnification when.
2.80.070 Effect of provisions on pending claims.
2.80.010 Definitions.
For purposes of this chapter, the term "officer" includes any elected or appointed official of the city; and the term "employee" includes all employees of the city, whether under civil service or not.(Ord. 1032 §1, 1977).
2.80.020 City attorney to act as counsel--Exception.
In addition to other duties, the city attorney 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. 1032 §2, 1977).
2.80.030 Determination of eligibility for reresentation.
The determination of whether any officer or employee was acting within the scope and course of his employment by the city and thus becomes eligible for representation pursuant to Section 2.80.020 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. 1032 §3, 1977).
2.80.040 Terms of provisions--Required actions--Effect of noncompliance.
It is 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 omissions 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 2.80.020;
(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 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 indenmity 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 his 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.
In the event any such officer or employee fails or refuses to cooperate as specified in the above manners, 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. 1032 §4, 1977).
2.80.050 Right to indemnification when.
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. (Ord. 1032 §5, 1977).
2.80.060 Payment of claims.
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 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 that 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. 1032 §6, 1977).
2.80.070 Effect of provisions on pending claims.
The provisions of this chapter shall apply to any claim and/or litigation currently pending or subsequently filed and/or made. (Ord. 1032 §7, 1977).