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2. Upon receipt thereof, the City employee, official, or volunteer shall forthwith
<br />deliver any claim, demand, notice or summons or other process relating to any such
<br />incident or conduct to the City Attorney, and shall cooperate with the City Attorney, or an
<br />attorney designated by the City, and, upon request, assist in making settlement of any
<br />suit and enforcing any claim for any right of subrogation against any persons or
<br />organizations that may be liable to the City because of any damage or claim of loss arising
<br />from the incident or course of conduct, including but not limited to rights of recovery for
<br />costs and attorneys' fees arising out of state or federal statute upon a determination that
<br />the suit brought is frivolous in nature.
<br />3. Such City employee, official, or volunteer shall attend interviews,
<br />depositions, hearings, and trials and shall assist in securing and giving evidence and
<br />obtaining attendance of witnesses all without any additional compensation to the
<br />employee, official, or volunteer and, in the event that an employee has left the employ of
<br />the City, no fee or compensation shall be provided. The City shall pay reasonable out-
<br />of-pocket expenses and costs (e.g., travel expenses, parking expenses, etc.) incurred by
<br />City employees, officials, and volunteers (including former employees, former officials,
<br />and former volunteers) in connection with such attendance. All such expenses shall be
<br />approved by the City Administrator, or designee, and the City Administrator's
<br />determination shall be final.
<br />4. Such City employee, official, or volunteer shall not accept nor voluntarily
<br />make any payment, assume any obligations, or incur any expense relating to the claim
<br />or suit, other than for first aid to others at the time of any incident or course of conduct
<br />giving rise to any such claim, loss, or damage.
<br />Section 8. Regulations Established. TMC Section 2.105.070, "Effect of
<br />Compliance with Conditions," is hereby established to read as follows:
<br />2.105.070 Effect of Compliance with Conditions
<br />If legal representation of a City employee, official, or volunteer is undertaken
<br />consistent with this chapter, all of the conditions of representation are met, and a
<br />judgment is entered against the employee, official, or volunteer, or a settlement made,
<br />the City shall pay such judgment or settlement; provided, that the City may, at its
<br />discretion, appeal as necessary such judgment.
<br />Section 9. Regulations Established. TMC Section 2.105.080, "Failure to Comply
<br />with Conditions," is hereby established to read as follows:
<br />2.105.080 Failure to Comply with Conditions
<br />In the event that any City employee, official, or volunteer fails or refuses to comply
<br />with any of the conditions of TMC Section 2.105.060 or elects to provide his/her own
<br />representation with respect to any such claim or litigation, then all of the protections of
<br />this chapter shall be inapplicable and shall have no force or effect with respect to any
<br />such claim or litigation.
<br />CC: Legislative Development\Indemnification of City Employees, Officials, and Volunteers 11-29-21
<br />KS:bjs Review and analysis by Barbara Saxton
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