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AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF <br />TUKWILA, WASHINGTON, ADOPTING A NEW CHAPTER <br />2.105 OF THE TUKWILA MUNICIPAL CODE ENTITLED <br />"INDEMNIFICATION OF CITY EMPLOYEES, OFFICIALS, <br />AND VOLUNTEERS;" PROVIDING FOR SEVERABILITY; <br />AND ESTABLISHING AN EFFECTIVE DATE. <br />WHEREAS, RCW 4.96.041 provides that whenever an action or proceeding for <br />damages is brought against any past or current employee, official, or volunteer of the City, <br />arising from acts or omissions while performing or in good faith purporting to perform his or <br />her official duties, such employee, official, or volunteer may request the City to authorize the <br />defense of the action or proceeding at the expense of the City; and <br />WHEREAS, RCW 4.96.041 further provides that if the City Council of Tukwila as the <br />legislative authority of the City using a procedure created by ordinance or resolution, finds <br />that the acts or omissions of the City employee, official, or volunteer were, or in good faith <br />purported to be, within the scope of his or her official duties, the request to authorize the <br />defense of the action or proceeding at the expense of the City shall be granted and the <br />necessary expenses of defending the action or proceeding shall be paid by the City; and <br />WHEREAS, Title 2 of the Tukwila Municipal Code (TMC) contains code provisions <br />regarding personnel of the City; and <br />WHEREAS, this ordinance creates a new TMC Chapter 2.105, entitled "Indemnification <br />of City Employees, Officials and Volunteers," to specify that employees, officials or <br />volunteers of the City performing official duties in good faith and within the scope of those <br />duties shall be provided such legal representation as reasonably necessary to defend a <br />claim or lawsuit filed against such employee, official or volunteer; and <br />WHEREAS, this ordinance creates a procedure for the City Council to determine if the <br />acts or omissions of the City employee, official or volunteer were, or in good faith purported <br />to be, within the scope of his or her official duties; <br />NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, <br />WASHINGTON, HEREBY ORDAINS AS FOLLOWS: <br />CC: Legislative Development\Indemnification of City Employees, Officials, and Volunteers 11-29-21 <br />KS:bjs Review and analysis by Barbara Saxton <br />Page 1 of 7 <br />33 <br />