HomeMy WebLinkAboutO-0971 - Legal actions against city officials and employees (2.84)')'
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CIT Y 0 F MAR Y S V ILL E
Marysville,Washington
ORDINANCE NO.~I
An Ordinance of the City of Marysville relating
to legal actions brought against City officials and
employees,providing for legal representation for
conduct,acts and omissions arising in the scope or
course of their s e r'v i ce or employment,setting condi-
tions therefor,and specifying the circumstances
under which judgments and claims will be paid by the
City.
THE CITY COUNCIL OF THE CITY OF MARYSVILLE,WASHINGTON
DO ORDAIN AS FOLLOWS:
Section 1.Definition of "Officials and Em As
used in this ordinance,0 1C1a s an emp oyees sal mean all
elected City officials,including the Mayor and members of the City
Council,together with the City Administrator,the Municipal Judge,
the City Attorney,the City Engineer,the City Clerk,the Police
Chief and the Fire Chief,and all fulltime employees of the City.
Section 2.Legal Representation.As a condition of their
service and employment for and on behalf of the City of Marysville,
the City shall provide to all officials and employees such legal
representatio~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 ser-
vice or employment with the City of Marysville,including claims and/or
litigation by officials or employees against other officials or
employees.
Section 3.Pa ment of Claims or Judgments--Conditions
of Representatl0n.Except as may e prov1 e 1n any app 1ca e muni-
cipal 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 judgment be rendered against such an official
or employee,such claim or judgment 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
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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 obliga-
tion 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.
Section 4.Refusal to Cooperate.In the event that any
such official or employee fails or refuses to cooperate as provided
in Section 3 above,or elects to provide his own representation with
respect to any such claim and/or litigation,then the provisions
of this ordinance shall be inapplicable and of no force and effect
with respect to any such claim and/or litigation.
Section 5.Exclusions.The obligations assumed under
this ordinance by the City and the City Attorney shall not apply to
any dishonest,fraudulent,criminal or malicious act of an official
or employee,or to any act of an official or employee which is outside
of the scope and course of his or her duties and employment with the
City.Further,the provisions of this ordinance shall have no force
and effect with respect to any accident,occurrence or cir.cumstance
in which the City or the officials or employees are insured against loss
or damages under the terms of any valid insurance policy.
Section 6.Pa~ment of Claims.The provis~ons of this
ordinance shall not modi y existIng procedures or requirements of law
for pr.ocessing and payment of claims against the City,or of judg-
ments in those cases in which the City is a party defendant.
Section 7.Conflict With Insurance Policies.Nothing
contained herein shall be construed to modify or amend any provision
of any policy of insurance wherein the City of Marysville 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 provision shall be controlling.
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PASSED by the City Council and APPROVED by the Mayor
th i 5 '2 L.!:!.day 0 f J2ec 4ji!N"!"\be.~,1977 .
THE CITY OF MARYSVILLE
ByL/~-
»MAY 0 R
ATTEST:
BY'~~City e r .rr :~~.
APPROVED AS TO FORM:
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