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

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City of Tukwila Allan Ekberg, Mayor INFORMATIONAL MEMORANDUM TO: Tukwila City Councilmembers FROM: Kari L. Sand, City Attorney CC: Mayor Ekberg DATE: November 29, 2021 SUBJECT: Indemnification of City Employees, Officials and Volunteers ISSUE Currently, the Tukwila Municipal Code ("TMC") does not have provisions for the indemnification of city employees, officials or volunteers; therefore, it is recommended that the City Council adopt an ordinance setting forth such provisions consistent with RCW 4.96.041. BACKGROUND RCW 4.96.041 provides that whenever an action or proceeding for damages is brought against any past or present employee, official or volunteer of the city, arising from acts or omissions while performing, or in good faith purporting to perform, his or her official duties, such officer, employee, or volunteer may request the city to authorize the defense of the action or proceeding at the expense of the city. The recommended new Chapter 2.105 TMC establishes a process for employee, official and volunteer indemnification and procedures to determine whether the acts or omissions of said officer, employee or volunteer were, or in good faith purported to be, within the scope of his or her official duties. DISCUSSION Through its risk pool, the Washington Cities Insurance Authority, the city has an established practice and history of defending and indemnifying past and present employees, elected officials and volunteers of the city; however, it is recommended that the practice be formally acknowledged through the adoption of procedures to be codified in a new chapter 2.105 TMC consistent with RCW 4.96.041. FINANCIAL IMPACT N/A RECOM MENDATION The Council is being asked to review and approve the proposed ordinance at the December 13, 2021 Special Meeting Consent Agenda. ATTACHMENT Draft Ordinance