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

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Section 10. Regulations Established. TMC Section 2.105.090, "Reimbursement of Incurred Expenses," is hereby established to read as follows: 2.105.090 Reimbursement of Incurred Expenses A. If the City determines that a City employee, official, or volunteer does not come within the provisions of this chapter, and a court of competent jurisdiction later determines that such claim does come within the provisions of this chapter, then the City shall pay any judgment for nonpunitive damages rendered against the employee, official, or volunteer and reasonable attorneys' fees incurred in defending against the claim. Consistent with RCW 4.96.041(4), the City Council may by motion agree to pay an award for punitive damages based on the specific facts and circumstances of the case, which shall be determined on a case-by-case basis. The City shall pay any attorneys' fees incurred in obtaining the determination that such claim is covered by the provisions of this chapter. B. If the City determines that a claim against a City employee, official, or volunteer does not come within the provisions of this chapter, and a court of competent jurisdiction later finds that such claim does not come within the provisions of this chapter, then the City shall be reimbursed by the employee, official, or volunteer for costs or expenses incurred in obtaining the determination that such claim is not covered by the provisions of this chapter. Section 11. Regulations Established. TMC Section 2.105.100, "Conflict with Provisions of Insurance Policies or Self -Insurance Plan," is hereby established to read as follows: 2.105.100 Conflict with Provisions of Insurance Policies or Self-insurance Plan Nothing contained in this chapter shall be construed to modify or amend any provision of any policy of insurance or self-insurance plan where any City employee, official, or volunteer thereof is the named insured. In the event of any conflict between this chapter and the provisions of any such policy of insurance or self-insurance plan, the policy or plan provisions shall be controlling; provided, however, that nothing contained in this section shall be deemed to limit or restrict any City employee's, official's, or volunteer's right to full protection pursuant to this chapter, it being the intent of this chapter and section to provide the protection detailed in this chapter outside and beyond insurance policies that may be in effect, while not compromising the terms and conditions of such policies by any conflicting provision contained in this chapter. Section 12. Regulations Established. TMC Section 2.105.110, "Pending Claims," is hereby established to read as follows: 2.105.110 Pending Claims The provisions of this chapter shall apply to any pending claim or lawsuit against a City employee, official, or volunteer, or any such claim or lawsuit hereafter filed, irrespective of the date of the events or circumstances which are the basis of such claim CC: Legislative Development\Indemnification of City Employees, Officials, and Volunteers 11-29-21 KS:bjs Review and analysis by Barbara Saxton 8 Page 6 of 7