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4. Any lawsuit brought against a City employee, official, or volunteer by or on <br />behalf of the City. <br />B. Nothing herein shall be construed to waive or impair the right of the City Council <br />to institute suit or counterclaim against any City employee, official, or volunteer, nor to <br />limit its ability to discipline or terminate an employee. The protections of this chapter shall <br />not apply with respect to any accident, occurrence, or circumstance for which the City or <br />the City employee, official, or volunteer is insured against loss or damages under the <br />terms of any valid insurance policy or self-insurance program; provided, that this chapter <br />shall provide protection, subject to its terms and limitations, above any loss limit of such <br />policy. The provisions of this chapter are intended to be secondary to any contract or <br />policy of insurance owned or applicable to any employee, official, or volunteer. The City <br />shall have the right to require any employee, official, or volunteer to utilize any such policy <br />protection prior to requesting the protection afforded by this chapter. <br />Section 6. Regulations Established. TMC Section 2.105.050, "Determination of <br />Exclusion," is hereby established to read as follows: <br />2.105.050 Determination of Exclusion <br />The determination of whether a City employee, official, or volunteer shall be afforded <br />a defense by the City under the terms of this chapter shall be finally determined by the <br />City Council on the recommendation of the Mayor. The City Council may request the City <br />Attorney to provide an opinion or recommendation concerning the determination. The <br />decision of the City Council shall be final as a legislative determination of the Council. <br />Nothing herein shall preclude the City from undertaking a City employee's, official's, or <br />volunteer's defense under a reservation of rights. <br />Section 7. Regulations Established. TMC Section 2.105.060, "Representation <br />and Payment of Claims—Conditions," is hereby established to read as follows: <br />2.105.060 Representation and Payment of Claims — Conditions <br />The protections of this chapter shall apply only when the following conditions are <br />met: <br />1. In the event of any incident or course of conduct potentially giving rise to a <br />claim for damage, or the commencement of a suit, the City employee, official, or volunteer <br />involved shall, as soon as practicable, give the City Administrator written notice thereof, <br />identifying the City employee, official, or volunteer involved; all information known to the <br />employee, official, or volunteer involved; all information known to the employee, official, <br />or volunteer with respect to the date, time, place and circumstances surrounding the <br />incident or conduct giving rise to the claim or lawsuit; as well as the names and addresses <br />of all persons allegedly injured or otherwise damaged thereby, and the names and <br />addresses of all witnesses. <br />CC: Legislative Development\Indemnification of City Employees, Officials, and Volunteers 11-29-21 <br />KS:bjs Review and analysis by Barbara Saxton <br />36 <br />Page 4 of 7 <br />