CSS 2021-12-06 Item 1D - Ordinance - Indemnification of City Employees, Officials and Volunteers (TMC Chapter 2.105)

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Section 4. Regulations Established. TMC Section 2.105.030, "Legal Representation," is hereby established to read as follows: 2.105.030 Legal Representation A. As a condition of service or employment with the City of Tukwila, the City shall provide to a City employee, official, or volunteer, and any spouse or registered domestic partner of a City employee, official, or volunteer to the extent the community, as community is defined in Chapter 26.16 RCW is implicated, subject to the conditions and requirements of this chapter, and notwithstanding the fact that such employee, official, or volunteer may have concluded service or employment with the City, such legal representation as may be reasonably necessary to defend a claim or lawsuit filed against such employee, official, or volunteer resulting from any conduct, act or omission of such employee, official, or volunteer performed or omitted on behalf of the City in his or her capacity as a City employee, official, or volunteer, which act or omission is within the scope of their service or employment with the City. B. The legal services shall be provided by the Office of the City Attorney unless: 1. Any provision of an applicable policy of insurance or self-insurance plan provides otherwise; or 2. A conflict of interest or ethical bar exists with respect to said representation; or 3. The Mayor determines that the assignment of counsel other than the City Attorney is necessary or prudent under the circumstances. C. In the event that outside counsel is retained under subsection (B) of this section, the City shall indemnify the City employee, official, or volunteer from the reasonable costs of defense; provided, that in circumstances where outside counsel is retained under subsection (B) of this section, the City controls the defense of the matter consistent with the contract with the outside counsel selected by the City. Section 5. Regulations Established. TMC Section 2.105.040, "Exclusions," is hereby established to read as follows: 2.105.040 Exclusions In no event shall protection be offered under this chapter by the City to: 1. Any dishonest, fraudulent, criminal, intentionally wrongful or malicious act or course of conduct of a City employee, official, or volunteer; 2. Any act or course of conduct of a City employee, official, or volunteer that is not performed on behalf of the City; 3. Any act or course of conduct that is outside the scope of a City employee's, official's, or volunteer's service or employment with the City; and/or CC: Legislative Development\Indemnification of City Employees, Officials, and Volunteers 11-29-21 KS:bjs Review and analysis by Barbara Saxton Page 3 of 7 35