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.
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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
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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