HomeMy WebLinkAbout2176ORDINANCE NO.
AN ORDINANCE of the City of Kent,
Washington, defending and indemnifying elect-
ed officials, municipal employees and members
of city boards or commissions.
WHEREAS the City of Kent, Washington, recognizes the
need to encourage elected officials, municipal employees and mem-
bers of boards and commissions to efficiently perform their duties
and to protect the individuals in the performance of such duties,
NOW, THEREFORE
THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DO
HEREBY ORDAIN AS FOLLOWS:
Section 1. LEGAL COUNSEL AND INDEMNIFICATION TO BE
PROVIDED. The City Council shall in all cases provide competent
legal counsel of its choosing, to defend any elected official, of-
ficer or employee of the City, or the member of any city board or
commission who is a party, or is threatened to be made a party to
any threatened, pending or contemplated action, suit or proceeding,
whether civil, criminal, administrative or investigative, by rea-
son of the fact that said person is or was an elected official or
officer or employee of the City, or member of any city board or
commission, and shall pay or indemnify such elected official, of-
ficer or employee, or member of any city board or commission as
against all expenses, fees, judgments, fines and amounts paid in
settlement actually and reasonably incurred by him or her in con-
nection with such action, suit or proceeding, except as otherwise
provided herein.
Section 2. EXCEPTIONS. Nothing herein shall be con-
strued to require the City to provide legal counsel or such indem-
nification for any elected official, officer or employee of the
City, or the member of any city board or commission, in the follow-
ing situations:
(1) In civil matters, where the elected official,
officer or employee, or board or commission
member;
a) is the plaintiff or moving party; or
b) where it shall be finally adjudicated
in any action, suit or proceeding that
said elected official or officer or
employee, or board or commission member
shall not have acted in good faith and
in the reasonable belief that his or her
action was in the best interest of the
City.
(2) In criminal matters, where the elected official,
officer or employee, or board or commission mem-
ber;
a) is the complaining party; or
b) had reasonable cause to believe that
such conduct was unlawful.
Termination of any action, suit or proceeding by judg-
ment, order or conviction adverse to such person, or by settlement,
shall not of itself create a presumption that such person did not
act in good faith and in the reason or belief that his or her ac-
tion was in the best interest of the City, and with respect to any
criminal action or proceeding had reasonable cause to believe that
his or her conduct was unlawful.
Section 3. OTHER LEGAL COUNSEL. Nothing herein shall
be construed to prohibit any such elected official, officer or
employee, or member of any city board or commission from seeking
additional legal counsel other than that provided by the City.
However, nothing herein shall be construed as to require the City
to pay any fees or other expenses incurred as a result of employ-
ment of such additional counsel.
Section 4. OTHER RIGHTS. The rights provided for in
this Ordinance shall not be deemed exclusive of any other rights
to which those indemnified may be entitled under any other statute,
ordinance, agreement, insurance or policy of the City.
Section 5. CITY ATTORNEY RESPONSIBILITIES. In circum-
stances involving litigation or other legal proceeding between
two persons qualifying for the privileges granted herein, the City
Attorney will not be required to represent or otherwise partici-
pate on behalf of either party.
Section 6. This Ordinance shall take effect and be in
force five (5) days from and after passage, approval and publica-
tion as provided by law.
ISABEL HOGAN,
- 2 -
M
ST:
D AS TO FORM:
'.a& �' K"t
E. MIRK, CITY ATTORNEY
PASSED the --= day of August, 1979.
APPROVED the day of August, 1979.
PUBLISHED the day of August, 1979.
I hereby certify that this is a true copy of Ordinance
No. _, passed by the City Council of the City of Kent,
Washington, and approved by the Mayor of the City of Kent as here-
on indicated.
J (SEA )
MA DENS , CITY CLERK