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CSS 2021-12-06 Item 1D - Ordinance - Indemnification of City Employees, Officials and Volunteers (TMC Chapter 2.105)
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CSS 2021-12-06 Item 1D - Ordinance - Indemnification of City Employees, Officials and Volunteers (TMC Chapter 2.105)
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12/2/2021 1:24:40 PM
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Council Committees
Committees Date (mm/dd/yy)
12/06/21
Committee Name
Community Services and Safety 2020-Present
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Agenda Packet
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Section 1. Regulations Established. Tukwila Municipal Code (TMC) Chapter <br />2.105, titled "Indemnification of City Employees, Officials and Volunteers," is hereby <br />established to read as follows: <br />Sections: <br />2.105.010 Purpose <br />2.105.020 Definitions <br />2.105.030 Legal Representation <br />2.105.040 Exclusions <br />2.105.050 Determination of Exclusion <br />2.105.060 Representation and Payment of Claims — Conditions <br />2.105.070 Effect of Compliance with Conditions <br />2.105.080 Failure to Comply with Conditions <br />2.105.090 Reimbursement of Incurred Expenses <br />2.105.100 Conflict with Provisions of Insurance Policies or Self -Insurance <br />Plan <br />2.105.110 Pending Claims <br />Section 2. Regulations Established. TMC Section 2.105.010, "Purpose," is <br />hereby established to read as follows: <br />2.105.010 Purpose <br />The purpose of this chapter is to protect past and current City employees, officials <br />and volunteers acting in good faith purporting to perform his or her official duties and to <br />authorize the defense of any action or proceeding against such employee, official or <br />volunteer and to create a procedure to determine whether or not the acts or omissions of <br />the employee, official or volunteer were, or in good faith purported to be, within the scope <br />of their official duties. <br />Section 3. Regulations Established. TMC Section 2.105.020, "Definitions," is <br />hereby established to read as follows: <br />2.105.020 Definitions <br />Unless the context indicates otherwise, the words and phrases used in this chapter <br />shall have the following meanings: <br />1. "Employee" means any person who is or has been employed by the City. <br />"Employee" does not include independent contractors. <br />2. "Official" means any person who is serving or has served as an elected City <br />official, and any person who is serving or has served as an appointed member of any City <br />Board, Commission, Committee, or other appointed position with the City. "Official" does <br />not include independent contractors performing the duties of appointed positions. <br />3. "Volunteer" means any person who performs or has performed his or her <br />services gratuitously for the benefit of the City and has no employer-employee <br />relationship with the City. <br />CC: Legislative Development\Indemnification of City Employees, Officials, and Volunteers 11-29-21 <br />KS:bjs Review and analysis by Barbara Saxton <br />34 <br />Page 2 of 7 <br />
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