HomeMy WebLinkAbout3113ORDINANCE NO. 3113
AN ORDINANCE of the City of Port Angeles, Washington, amending the
City's ordinance providing for legal representation of City officials and
employees in defending against claims or lawsuits and amending
Ordinance 2196 and Chapter 2.64 of the Port Angeles Municipal Code.
THE CITY COUNCIL OF THE CITY OF PORT ANGELES DOES HEREBY
ORDAIN as follows:
Section 1. Ordinance 2196 and Chapter 2.64 of the Port Angeles Municipal Code are
hereby amended by amending PAMC 2.64.050 and 2.64.070 to read as follows:
2.64.050 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 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 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.
B. Upon receipt thereof, the official or employee shall forthwith 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 the incident or course of conduct.
C. Such officials or employees shall attend interviews, depositions, hearings and
rials and shall assist in securing and giving evidence and obtaining attendance of witnesses; and
D. 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. (Ord. 2196 §5,
2/15/82.)
E. Such officials or employees may provide their own legal representation as long
as there is a written agreement with the City that the officials' or employees' counsel will
cooperate with and defer to the lead role of the City's counsel. The expense associated with such
additional counsel shall be the responsibility of the individual official or employee.
2.64.070 Failure to Comply With Conditions. In the event that any official or
employee fails or refuses to comply with any of the conditions of Section 2.64.050, or ciccts to
provide his /hcr own representation with rcspcct 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. 2196 §7, 2/15/82.)
Section 2 - Effective Date. This ordinance shall take effect five days following the date
of its publication by summary.
PASSED by the City Council of the City of Port Angeles at a regular meeting of said
Council held on the 2nd day of April, 2002.
MAYOR
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ATTEST: APPROVED AS TO FORM:
Becky J. U4:4 n, `ity Clerk Craig D.
PUBLISHED: April 7, 2002
By Summary
:\ ORDINANCES &RE SO LUTION S\2002- 02.ord. wpd
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Summary of Ordinance Adopted by the
Port Angeles City Council
on April 2, 2002
Ordinance No. 3113
This Ordinance ofthe City ofPort Angeles, Washington, amends the City's ordinance providing
for legal representation of City officials and employees in defending against claims or lawsuits
and amends Ordinance 2196 and Chapter 2.64 of the Port Angeles Municipal Code.
The full text of the Ordinance is available at City Hall in the City Clerk's office or will be mailed upon
request. Office hours are Monday through Friday from 8:00 a.m. to 5:00 p.m. This Ordinance shall
take effect five days following the date of its publication by summary.
Becky J. Upton
City Clerk
Publish: April 7, 2002