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HomeMy WebLinkAbout2196• • 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 • BLISHED: M A Y O R •