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.