ARTICLE X. LEGAL REPRESENTATION AND INDEMNIFICATION OF
CITY OFFICERS AND EMPLOYEES
Sec. 2-301. Generally.
The purpose of this article is to establish the city's policy of providing legal
representation and indemnification to city officers, employees and volunteers
against whom civil lawsuits are brought alleging acts or omissions by such
officers, employees and volunteers during the course and scope of their
assigned duties with the city.
(Ord. No. 91-1611, § 1, 11-13-91)
Sec. 2-302. Definitions.
As used in this article, the following terms and phrases shall have the following
meanings:
City attorney means the city attorney or his designee.
Covered person means a person who is:
(1) A salaried employee of the city;
(2) A member of a city board, commission, or committee created by Charter,
ordinance, or resolution of the city;
(3) The mayor, the city controller, or a member of the city council; or
(4) A volunteer who has been approved as a volunteer by a departmental
volunteer coordinator and who is working under the direction of an employee
of the city.
(Ord. No. 91-1611, § 1, 11-13-91)
Sec. 2-303. Legal representation.
(a) The city shall, subject to the exclusions described below, provide legal
representation to a covered person for any claim or lawsuit brought against the
covered person alleging acts or omissions by the covered person during the
course and scope of their assigned duties with the city.
(b) The city may provide legal representation to a covered person by assigning
an assistant city attorney to undertake such representation or by employing a
private lawyer or law firm.
(c) The city shall pay all costs associated with legal representation, including
any fees of the attorney selected by the city attorney to represent the
employee, court fees, deposition and expert witness fees and other costs
associated with the preparation for or presentation of the covered person's
defense.
(d) Covered persons who wish to select and employ their own attorney may do
so at their own cost.
(e) Notwithstanding the above, the city shall not be obligated to provide legal
representation to a covered person if:
(1) The acts or omissions alleged in the claim or lawsuit are intentional or
willful, and the city attorney has determined, based on a departmental
investigation or such other information as is available to the city attorney, that
the covered person intentionally or wilfully violated a city ordinance, rule or
policy or a clearly established constitutional or statutory right or was otherwise
acting in bad faith; or
(2) The claim or lawsuit against the covered person has been brought by or on
behalf of the city.
(Ord. No. 91-1611, § 1, 11-13-91)
CITY OFFICERS AND EMPLOYEES
Sec. 2-301. Generally.
The purpose of this article is to establish the city's policy of providing legal
representation and indemnification to city officers, employees and volunteers
against whom civil lawsuits are brought alleging acts or omissions by such
officers, employees and volunteers during the course and scope of their
assigned duties with the city.
(Ord. No. 91-1611, § 1, 11-13-91)
Sec. 2-302. Definitions.
As used in this article, the following terms and phrases shall have the following
meanings:
City attorney means the city attorney or his designee.
Covered person means a person who is:
(1) A salaried employee of the city;
(2) A member of a city board, commission, or committee created by Charter,
ordinance, or resolution of the city;
(3) The mayor, the city controller, or a member of the city council; or
(4) A volunteer who has been approved as a volunteer by a departmental
volunteer coordinator and who is working under the direction of an employee
of the city.
(Ord. No. 91-1611, § 1, 11-13-91)
Sec. 2-303. Legal representation.
(a) The city shall, subject to the exclusions described below, provide legal
representation to a covered person for any claim or lawsuit brought against the
covered person alleging acts or omissions by the covered person during the
course and scope of their assigned duties with the city.
(b) The city may provide legal representation to a covered person by assigning
an assistant city attorney to undertake such representation or by employing a
private lawyer or law firm.
(c) The city shall pay all costs associated with legal representation, including
any fees of the attorney selected by the city attorney to represent the
employee, court fees, deposition and expert witness fees and other costs
associated with the preparation for or presentation of the covered person's
defense.
(d) Covered persons who wish to select and employ their own attorney may do
so at their own cost.
(e) Notwithstanding the above, the city shall not be obligated to provide legal
representation to a covered person if:
(1) The acts or omissions alleged in the claim or lawsuit are intentional or
willful, and the city attorney has determined, based on a departmental
investigation or such other information as is available to the city attorney, that
the covered person intentionally or wilfully violated a city ordinance, rule or
policy or a clearly established constitutional or statutory right or was otherwise
acting in bad faith; or
(2) The claim or lawsuit against the covered person has been brought by or on
behalf of the city.
(Ord. No. 91-1611, § 1, 11-13-91)
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