2.90.030 Conditions of Representation or Payment of Claims or Judgments.
Except as may be provided in any applicable municipal policy of insurance, the City Attorney, or an attorney designated by the City Attorney, at the request and on behalf of any official, employee or volunteer of the City, shall investigate and defend such claims or litigation, and, if a claim is deemed by the City to be a proper claim, or if judgment is rendered against such an official, employee or volunteer, such claim or judgment shall be paid by the City; provided, that:
A. In the event of any incident or course of conduct giving rise to a claim for damage and/or litigation, the official, employee or volunteer involved, as soon as practicable, shall give the City Clerk and City Attorney written notice thereof, identifying the official, employee or volunteer involved, and containing all information known to the official, employee or volunteer with respect to the date, time, place and circumstances surrounding the incident or conduct, as well as the names addresses of all persons allegedly injured or otherwise damaged thereby, and the names and addresses of all witnesses;
B. Upon receipt thereof, the official, employee or volunteer shall forthwith deliver any demand, notice, summons or other process relating to any such incident or conduct to the City Clerk and City Attorney, and shall cooperate with the City Attorney or an attorney designated by the City Attorney, and upon request, shall assist in making settlements of any suits and in enforcing any claim for any right of subrogation against any persons or organization that may be liable to the City because of any damage claim of loss arising from said incident or course of conduct;
C. Such officials, employees, or volunteers shall attend interviews, depositions, hearings and trials, and shall assist in securing and giving evidence and obtaining the attendance of witnesses;
D. Such officials, employees, or volunteers shall not accept nor voluntarily make any payment, assume any obligation or incur any expense other than for first aid to others at the time of any incident or course of conduct giving rise to any such claim, loss or damage; and
E. In the case of any award or judgment against a City official, employee, or volunteer for punitive damages, the City Council, in conjunction with the City Attorney, shall review the matter and make a determination as to whether the City shall defend against such claims for punitive damages or pay any claim or judgment for punitive damages for such official, employee, or volunteer. In making such determination, the City Council shall consider the following:
1. Whether the official, employee, or volunteer was performing or in good faith purporting to perform his or here official duties for the City of Snohomish.
2. Whether the official, employee, or volunteer acted in a manner that was dishonest, fraudulent, criminal, or malicious.
3. Whether the official, employee, or volunteer violated any federal, state, or local laws or City policies.
4. Whether the acts of the official, employee, or volunteer subjected the City of Snohomish to an unreasonable risk of exposure to liability.
5. Any decision, directive, or opinion rendered by the court.
6. Such other and further information as is relevant to the issue of whether the official, employee, or volunteer should be personally punished for his or her acts or omissions. (Ord. 1830, 1997)