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ORDINANCE NO. a 19 a
AN ORDINANCE of the City of Port Angeles
relating to legal actions brought against
city officials and employees, providing
for legal representation for conduct, acts,
and omissions on behalf of the City within
the scope of their service or employment;
setting conditions for such representation;
specifying the circumstances under which
claims against city officials and employees
will be paid by the City; and adding a new
chapter to Title 2 of•the Port Angeles
Municipal Code.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PORT
ANGELES, as follows:
Section 1. Definitions. Unless the context indicates other-
wise, the words and phrases used in this chapter shall have the
following meanings:
(1) "Official." Any person who is serving or has served as
an elected city official, and any person who is serving or has
served as an appointed member of any city board, commission, or
committee.
(2) "Employee." Any person who is or has been employed
by the City.
Section 2. Legal Representation.
(1) As a condition of service or employment with the City of
Port Angeles, the City shall provide to an official or employee,
subject to the conditions and requirements of this ordinance, and
notwithstanding the fact that such official or employee may have
concluded service or employment with the City, such legal repre-
sentations as may be reasonably necessary to defend a claim or
law suit 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 their capacity as a city
official or employee, which act or omission is within the scope
of their service or employment with the City.
(2) 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.
Section 3. Exclusions.
(1) The obligations assumed under this ordinance by the
City and the City Attorney shall not apply to:
(a) any dishonest, fraudulent, criminal, or malicious
act of an official or employee;
(b) any act of an official or employee which is not
performed on behalf of the City;
(c) any act which is outside the scope of an official's
or employee's service or employment with the City; or
(d) any lawsuit brought by or on behalf of the City.
(2) The provisions of this ordinance 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.
'S'ection 4.- Determination of Exclusion. The determination of
whether an official or employee is entitled to a defense by the
City under the terms of this ordinance shall be made by the City
Attorney. There shall be no appeal from such determination,
except to the superior court by means of an action for declaratory
judgment.
Section 5. Representation and Payment of "Claims'_ Conditions.
The provisions of this ordinance shall be applicable, provided
that the following conditions are met:
(1) In the event of any incident or cause 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 involved, all information known
to official or employee with respect to the date, time, place,
and circumstances surrounding the incident or conduct giving rise
to the claim or law suit, as well as the names and addresses of
all persons allegedly injured or otherwise damaged thereby, and
the names and addresses of all witnesses.
(2) Upon receipt thereof, the official or employee shall
forthw2th deliver.'_any claim, 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 an
attorney designated by the City Attorney, and, 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 said incident or course of conduct.
(3) Such officials or employees shall attend interviews,
depositions, hearings and trials and shall assist in securing
and giving evidence and obtaining attendance of witnesses; and
(4) Such officials or employees 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.
Section 6. Effect of Compliance With Conditions. If legal
representation of an official or employee is undertaken by the
City Attorney, all of the conditions of representation are met,
and a judgment is entered against the official or employee, or a
settlement made, the City shall pay such judgment or settlement,
provided, that the City may, at its discretion appeal as necessary
such judgment.
Section 7. Failure to Comply With Conditions. In the event
that any official or employee fails or refuses to comply with any
of the conditions of Section 5 of this ordinance, 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.
Section 8. Reimbursement of Incurred Expenses.
(1) 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
shall pay any judgment rendered against the official or employee
and reasonable attorney's fees incurred in defending against the
claim. The City shall ----pay any attorney's fees incurred in
obtaining the determination that such claim is covered by the
provisions of this ordinance.
(2) If the City Attorney determines that a claim against a
city official or employee does come within the provisions of this
chapter, and a court of competent jurisdiction later finds that
such claim does not come within the provisions of this chapter,
then the City shall be reimbursed for costs or expenses incurred
in obtaining the determination that such claim is not covered by
the provisions of this ordinance.
Section 9. 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 the 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
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.
Section 10. Pending Claims. The provisions of this
ordinance shall apply to any pending claim or lawsuit against an
official or employee, or any such claim or law suit hereafter
filed, irrespective of the date of the events or circumstances
which are the basis of such claim or law suit.
Section 11. Codification. Sections 1 through l0 of this
ordinance shall be codified as a new chapter in Title 2 of the
Port Angeles Municipal Code.
Section 12. Effective Date. This ordinance shall take
effect and be in full force and effect as provided by law.
PASSED by the City Council of the City of Port Angeles
at a regular meeting of the Council held on the 02RA4-. day
of February, 1982.
ATTEST:
e f?tie.teid
Marian C. Parrish, City Clerk
APPROVED AS TO FORM:
Craig Miller, City Attorney
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BLISHED:
M A Y O R
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