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HomeMy WebLinkAbout2516 OrdinanceORDINANCE NO. 2516 AN ORDINANCE amending Sections 2.54.020 and 2.54.050 of the Pasco Municipal Code and concerning civil litigation, administrative and criminal actions against city officials and employees. THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION ONE. Section 2.54.020 of the Pasco Municipal Code is hereby amended by the underlined additions and interlineated deletions shown below so as to read as follows: 2.54.020 LEGAL REPRESENTATION. As a condition of their service and employment for or on behalf of the city, except as limited by the language of this and the other sections of this chapter. the City shall provide to all officials and employees and members of the police and fire reserve units such legal representation as may be reasonably necessary to defend any claims and/or litigation brought by any person. entity or party other than the City of Pasco, resulting from any conduct, acts, or omissions of any officials or employees or volunteers arising within d-roln the scope or course of their service or employment with the City. SECTION TWO. Section 2.54.050 of the Pasco Municipal Code is hereby amended by the underlined additions and interlineated deletions shown below so as to read as follows: 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, only if the viri-ch complaint or charge alleges any conduct, acts, or omissions of such officials or employees arising within 11-cm the scope or course of their employment with the City and which administrative or criminal proceeding is not an employee disciplinary or civil service proceeding and the complaint or charge does not allege a crime of larceny against the city or a crime of official misconduct in office; 1_,L-ov1de bcreem-er. The legal representation to be furnished to such official or employee shall be 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 by the official or employee, and in the event that approval is unreasonably withheld it shall be deemed an election by the official or employee to provide his on representation thereby rendering the provisions of this chapter inapplicable and of no force and effect with respect to any such -a-cfmn.-rri-tri-rert-i-cin administrative or criminal proceeding; provided, further, that in the event an administrative body or Ordinance No. court shall find the official or employee has knowingly. recklessly or wilfully violated any ordinance, statute or regulation of the city, -slmelt-e-lar reguirektdron--erl--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. SECTION THREE. This ordinance hall take effect five (5) days after passage and publication. PASSED this / day of W. Jack Mayor ATTEST° 1984. AggiliP1Jit velyn We is, City Clerk APPROVED AS TO FORM: GreqIA Rubstello, City Attorney AFFIDAVIT OF PUBLICATION COUN'l Y OF Benton ) )ss STATE OF WASHINGTON ) Karen Roberaon , being first duly sworn on oath deposes and says she is the Principal Clerk of the T r -City Herald, a daily newspaper That said newspaper is 'a regal newspaper and has been approved as a legal newspaper by or der of the superioi court in the county in which it is published and it qs now and has been for more than six months prior to the date of the publication het einafter referred to, published in the English language continually as a daily news- paper in Nnton County, Washington, and is now and during all of said time was printed in an office maintained at the aforesaid place of publication of said newspaper That the annexed is a true copy of a Legal notioo as it was printed in the regular and entire issue of the Tri City Herald itself and not in a supplement thereof, for a period of ommencing on the 5tb day of October , 19 84 , and ending on the newspaper was regularly distributed to its subscribers during all of this period 5th c day of Otober , , 19, 84 , and that said That the full amount of $ 093 .1 5 has no b kikbeen paid in full, also at the rate of 13r inches at 6.90 , Ootobor 19 84 Subscribed and sworn to before me this 5th day of Notary Public in and for the State of Washington residing at Pasco ORDINANCE NO 2516 AN ORDINANCE ,amending Sections I 2 54 020 and 2 54 050 of the Pasco Municipal Code and concerning civil Wiz , gallon administrative and criminal actions against city officials and employees ' THE CITY COUNCIL OF THE CITY OF PASCO WASHINGTON DO OR DAIN AS FOLLOWS Section 1 Section 2 54 020 of the Pasco Municipal Code is ' hereby amended by the un IderiVned additions and in- terlineated deletions shown below so as to read as fol lows 2 54 020 LEGAL REP IRESENTATION As a con- dition of their service and employment for or On be- } half of the city ericept as limited by the language of I this and the other sec- tions of this chapter the City shall provide to all offi calls and employees and members of the police and fire reserve units such legal - representation as may be } reasonably necessary to ; defend any claims and/or , litigation brought by any person, entity or party other than the City of Pasco, resulting from any conduct acts or omissions of any officials or employ- ees or volunteers arising within the scope or course of their service or employ ment with the City Section 2 Section 2 54 050 of the Pasco Municipal Code is hereby amended by the un- derlined additions and in- terlineated deletions shown below so as to read as fol lows 2 54 050 ADMINISTRA- TIVE AND CRIMINAL PRO- CEEDINGS The provisions of this Chapter shall apply to any administrative or criminal proceeding involv ing a complaint or charge brought against an official or employee only if the complaint or charge alleges any conduct acts or onus sions Of such officials or employees arising within the scope or course of their employment with the City and which administrative or criminal proceeding Is not an employee discipli- nary or civil service pro- ceeding and the complaint or charge does not allege a crime of lar- ceny against the city or a crime of official miscon- duct In office The legal representation to be fur- nished to such official or employee shall be by an at- torney designated by the Judge of the Pasco Munici pal Court with the approval of the official or employee the cost of such representa tion to be borne by the City provided further that such approval of an attorney so appointed by the Court shall not be unreasonably withheld by the official or employee, and in the event that approval is unreaso- nably withheld it shall be deemed an election by the official or employee to pro- vide his own representation thereby rendering the provi- sions of this chapter inap- plicable and of no force and effect with respect to any such administrative or criminal proceeding pro- vided further that in the event an administrative body or court shall find the official or employee bas knowingly, recklessly or wilfully violated any ordi nance stature or regula- (ion of the city State of Washington or of the United States of America which ordinance statute or regulation provides for a punitive or criminal sanc- tion and such finding is not appealed or such finding is upheld or affirmed through an appellate process in cluding 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 represen- tation to such official or em pioyee and the city shall have a claim against such official or erliployee for an amount so expended Section 3 This ordinance shall take effect five (6) days after passage and publication , PASSED this 1st day of October 1984 -s-Joe W Jackson, Mayor ATTEST .s-Evelyn Wells City Clerk APPROVED AS TO FORM -s-Greg A , Rubstello, City Attorney Legal No 17911 - October 5, 1984 CPMfATTORNEY 4509) 545.3406 Sean 726.3406 Ver ruly yours, I %VP reg Pasco y Attorney ubstello P. O. BOX 293 412 WEST CLARK PASCO, WASHINGTON 99301 September 10, 1984 Ed Ray Dunning Ray Insurance P.O. Box 2528 Pasco, WA 99301 Dear Ed: Enclosed is a proposed ordinance making changes to the Pasco Muncipal Code to restrict the situations in which the city would be obligated to provide legal defense to an employee or official of the city. If you think that the proposed changes adequately cover the existing problems, let me know and the ordinance can be taken to Council in its existing form. If you have some problems with the proposed changes and wish to go over the ordinance with me, call me, and we can set up a meeting to go over the ordinance together. Thank you for your cooperation and attention to this matter. GAR/drs Enclosure cc: Lee Kraft FINANCE DEPARTMENT 45091 5454401 Seas 72114401 .s. ew Sin ly yours, Eve yn Wells City Clerk P. 0 BOX 293 412 WEST CLARK PASCO, WASHINGTON 99301 October 2, 1984 Tri City Herald P.O. Box 2608 Pasco, Washington 99302 Gentlemen: Please publish Ordinance Nos. 2516, 2517 and 2519 on the following date: October 5, 1984 Please send two (2) Affidavits of Publication for each.