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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 2 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 3 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