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HomeMy WebLinkAbout1865 Ordinancetr­g, O RDINANCE NO. 1865 AN ORDINANCE RELATING TO LEGAL ACTIONS BROUGHT AGAINST CITY OFFICIALS .AND EMPLOYEES AND AMENDING TITLE 2 OF THE PASCO MUNICIPAL CODE BY ADDING THERETO A NEW CHAPTER, CHAPTER 2.54 , ENTITLED "LEGAL ACTIONS BROUGHT AGAINST CITY OFFICIALS AND EMPLOYEES". THE CITY COUNCIL OF THE CITY OF PASCO DO ORDAIN AS FOLLOWS: Section 1. That Title 2 of the Pasco Municipal Code be',and the same is hereby amended by adding thereto a new chapter, Chapter 2. 54, to read as follows: CHAPTER 2.54 LEGAL ACTIONS BROUGHT AGAINST CITY OFFICIALS AND EMPLOYEES 2.54.010. Definitions. As used in this chapter, the following terms shall be defined as hereinafter provided: (1) "Official" shall mean all elected City officials including the Mayor and members of the City Council, together with appointive members of City boards and commissions. (2) "Employee" shall mean all persons in the service of the City as defined in the Pasco Municipal Code Section 2.42.030(6). 2.54.02.0. Legal Representation. -As a condition of their service and employment for and on behalf of the City of Pasco, the City shall provide to all officials and employees such legal representation as may be reasonably necessary to defend any claims and/or litigation resulting from any conduct, acts, or omissions of such officials or employees arising from the scope or course of their service or employment with the City of Pasco. 2.54.030. Payment of Claims or Judgements - Conditions of Representation. Except as may be provided in any applicable municipal policy of insurance, the City Attorney, or an attorney designated by the City Attorney, shall, at the request and on behalf of any official or employee of the City, investigate and defend such claims or litigation, and, if a claim is deemed by the City Attorney to be a proper claim, or, if judgement be rendered against such an official or employee, such claim or judgement shall be paid by the City, provided, that: (1) In the event of any incident or course of conduct giving rise to a claim for damage and/or litigation, the official or employee involved shall, as soon as practicable, give the City Attorney written notice thereof, identifying the official or employee involved, and shall contain all information known to the official or employee with respect to the date, time, place, and circumstances surrounding the incident or conduct, 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 forthwith deliver any demand, notice, 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 in enforcing any claim for any right of subrogation against any persons or organization 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 the attendance of witnesses; (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; and provided, further, that in the event that a civil action is brought against any official pursuant to the provisions of the Public Disclosure Laws of the State of Washington, RCW Chapter 42.17, and the official has been found to be in violation thereof and such finding is not appealed or such finding is upheld or affirmed through the appellate process, such official shall reimburse the City for any and all costs to the City which costs were related to the furnishing of representation to such official, and the City shall have a claim against such official for any amount so expended. 2.54.040. Refusal to Cooperate. In the event that any such official or employee fails or refuses to cooperate as provided in Section 2.54.030, or elects to provide his own representation with respect to any such claim and/or litigation, or elects to provide his own representation with respect to any administrative or criminal proceeding, then the provisions of this ordinance shall -be inapplicable and of no force and effect with respect to any such claim and/or litigation. 2:54.050. Administrative and -Criminal Proceedings. The provisions of this chapter shall apply to any administrative or criminal proceeding involving a complaint or charge brought against an official or employee, which complaint or charge results from any conduct, acts, or omissions of such officials or employees arising from the scope or course of their service or employment with the City of Pasco; provided, however, legal representation shall be furnished to such official or employee by an attorney designated by the Judge of the Pasco Municipal Court, with the approval of the official or employee, the cost of such representation to be borne by the City; provided further that such approval of an attorney so appointed by the Court shall not be unreasonably withheld, and in the event that approval is unreasonably withheld it shall be deemed an election by the official or employee to provide his own representation thereby rendering the provisions of this ordinance inapplicable and of no force and effect with respect to any such administration or criminal proceeding; provided further, that in the event an administrative body or court shall find the official or employee has wilfully violated any ordinance of the City of Pasco, statute or regulation of the State of Washington, or of the United States of America, which ordinance, statute, or regulation provides for a punitive or criminal sanction, and such finding is not appealed or such finding is upheld or affirmed through an appellate process, including judicial review, the official or employee shall reimburse the City for any and all costs to the City which costs were related to the furnishing of representation to such official or employee, and the City shall have a claim against such official or employee for any amount so expended. 2.54.060. Determination of Scope of Employment. The determination of whether an official or employee of the City of Pasco was acting within the scope or course of his or her service or employment with the City shall be made by his department head, or in the case of� a legal action against the department head, by the City Manager; and in the case of any elected official of the City, by-Jhe City Attorney; in the event the determination cannot be made with reasonable certainty, then he or she shall have the option to refer the matter to the Superior Court of the State of Washington for Franklin County for a determination. • -3- 2.54.070. Conflict with Provisions of Insurance Policies. Nothing contained herein shall be construed to modify or amend any provision of any policy of insurance wherein the City of Pasco or any official or employee thereof is the named insured. In the event of any conflict between this ordinance and the provisions of any such policy of insurance, the policy provisions shall be controlling. 2.54.080. Severability. The invalidity of any section, subsection, provision, clause or portion thereof, or the invalidity of the application thereof to any person or circumstance, shall not affect the validity of the remainder of this chapter or the validity of its application to other persons or circumstances. Section 2. This ordinance shall ;be't riff ilhforcerand, effect afteri its passage and - — publication as required by law. PASSED by the City Council and APPROVED by the Mayor this day of May , 1977. ATTEST: Evelyn Wells - Deputy City Clerk Approved as to form: ell Michael E. Cooper, City Attorney 17 =J4 TIDRICK, Mayor