ORD 90-23 DEFENSE AND INDEMNIFICATION OF CITY OFFICIALSORDINANCE NO. 90 - 23
AN ORDINANCE of the City of Winslow,
Washington, providing for the defense and
indemnification of City officials from
claims and lawsuits, and adding a new
Chapter 2.68 to the Winslow Municipal Code.
WHEREAS, through various and extensive public endeavors the
officials and employees of the City of Winslow are called upon
to make decisions and undertake activities consistent with the
public health, peace, safety and welfare; and
WHEREAS, these officials and employees should be able to
perform their duties without fear of personal liability; now,
therefore
THE CITY COUNCIL OF THE CITY OF WINSLOW,
ORDAIN AS FOLLOWS:
WASHINGTON, DO
Section 1. There is added to the Winslow Municipal Code a
new Chapter 2.68 to be entitled "Defense and Indemnification of
City Officers and Employees" and to read as follows:
2.68.010 Definitions.
For the purpose of this chapter, the following words shall
have the following meanings unless the context indicates
otherwise:
1. "Claim" means a claim or lawsuit.
2. "Employee" means any person who is or has been
employed in the service of the city.
"Official" means 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, agency or committee.
2.68.020 Legal Representation.
Subject to the conditions and requirements of this chapter,
the city shall provide to an official or employee such legal
representation as may be reasonably necessary to defend any
claim filed against the official or employee, arising out of
the performance, purported performance or failure of
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performance in good faith of duties for or employment with the
city. This legal representation shall be a condition of
employment with the City and shall be provided by the city
attorney or the city attorney's designee, except as may be
provided under an insurance policy or self-insurance or joint
insurance program.
2.68,030 Exclusions - Determination of Representation.
This chapter shall not apply to any dishonest, fraudulent,
criminal or malicious act, to any act outside the scope of
service or employment, to any lawsuit brought by or on behalf
of the city or to any accident, occurrence or circumstance in
which the city or an official or employee is insured against
loss or damages under the terms of an insurance policy or self
insurance or joint insurance program.
The city attorney shall determine whether an official or
employee was performing duties for or employment with the city
in good faith, and whether an official or employee committed a
dishonest, fraudulent, criminal or malicious act. The official
or employee may appeal such determination to the City Council.
2.68,040 Payment of Claims-Conditions of Representation.
At the request of an official or employee, the city
attorney or the city attorney's designee shall investigate and
defend a claim which is covered by this chapter. If that claim
is deemed by the city attorney or the city attorney's designee
to be a proper claim against the official or employee, the
claim shall be paid by the city as long as the following
requirements are met:
As soon as practicable after receipt of notice of a
claim, the official or employee shall give the city
attorney written notice of the claim, specifying the
names of the officials or employees involved, the
date, time, place and circumstances surrounding the
incident or conduct giving rise to the claim, the
names and addresses of all persons allegedly injured,
the names and addresses of owners of allegedly damaged
property, and the names and addresses of all witnesses;
The official or employee shall cooperate with the city
attorney or the city attorney's designee and, upon
request, shall assist in making settlements of any
lawsuits and in enforcing any claim for subrogation
against any persons or organizations that may be
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liable to the city because of any damages or losses
arising from the incident or conduct; and
The official or employee shall attend interviews,
depositions, hearings and trials as requested, and
assist in securing and giving evidence and obtaining
the attendance of witnesses.
If the city attorney determines that a claim against an
official or employee is not covered by this chapter and a court
of competent jurisdiction in a final judgment finds that the
claim is covered by this chapter, the city shall pay the claim
and reasonable attorney's fees.
2.68,050 Refusal to Cooperate.
If any official or employee fails or refuses to meet the
requirements of 2.68.040 or elects to provide his or her own
representation on any claim, this chapter shall be inapplicable
and of no force and effect with respect to that claim.
2.68,060 Conflict with Provisions of Insurance Policies.
Nothing contained in this chapter shall be construed to
modify or amend any provision of an insurance policy or any
coverage through a self insurance or joint insurance program.
If there is a conflict between this chapter and the provisions
of any such policies or coverage, the provisions of any such
policies or coverage shall control.
2.68.070 Pending Claims.
This chapter shall apply to any pending claim against an
official or employee and to any claim hereafter filed
irrespective of the date of the events or circumstances giving
rise to the claim.
2.68,080 Union Contracts.
If a bargaining unit contract covers any of the terms and
conditions of this chapter, all employees under the contract
shall be governed by the provisions of the contract. If there
is a conflict between the provisions of the contract and this
chapter, the provisions of the contract shall control.
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Section 2. This ordinance shall take
force five days from and after its
publication and posting as required by law.
effect
passage,
and be in
approval,
PASSED by the City Council this 16th day of August
1990.
APPROVED by the Mayor this
1990.
16th day of August
ATTEST/AUTHENTICATE:
Treasurer
J
APPROVED AS TO FORM:
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
POSTED:
EFFECTIVE DATE:
ORDINANCE NO.:
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