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HomeMy WebLinkAboutORD NO 2401ORDINANCE NO. ~4~1 NEW SERIES AN ORDINANCE OF THE COUNCIL OF THE CITY OF BAKERSFIELD PROVIDING FOR THE DEFENSE OF CIVIL ACTIONS AND PROCEEDINGS BY ADDING SECTION 3.14.320 TO CHAPTER 3.14 OF THE MUNICIPAL CODE. WHEREAS, claims against public officers and employees for injuries, loss or damage arising out of the performance or failure to perform official duties by such officers or employees have traditionally been defended by, and judgments resulting therefrom paid by the public entity which the officer or employee serves; and WHEREAS, authority exists in state law for such defense and payment in certain situations, and subject to certain excep- tions; and WHEREAS, a trend has developed recently for claimants to attempt to impose personal liability upon public officers and employees for acts or omissions to act with respect to their official duties; and some of such claims may be outsidle the pur- view of the California Tort Claims Act, or for other reasons affect areas where the personal liability of such public officers and employees, and the obligation and WHEREAS, uncertainty as to defend such claims is unclear; to the defense of claims causes concern to public officers and employees, and is found to be detrimental to morale and counterproductive. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Bakersfield as follows: SECTION 1. That Section 3.14.320 of the Municipal Code is hereby added to read as follows: 3.14.320 Defense of Civil Action or Proceeding. a. In any civil action or proceeding, except as limited in subsection (b) herein, brought against an officer, employee or former employee in his official capacity or individual capacity, or both on account of an act or omission in his employment as an employee of the City of Bakersfield, the City of Bakersfield shall provide, at its expense, for the defense, including, but not limited to, investigation, settlement or settlement negotiation where appropriate, all legal costs, and costs of defense whether or not allowed by court, attorneys' fees, and appeal to the extent appropriate, and shall pay or indemnify such officer or employee from payment of, any judgment or settlement found to be payable by the City or by such officer or employee in any case arising out of or connected with alleged acts or omissions in the performance of any official duty of such officer or b. The City of Bakersfield shall not provide for the or any payment with regard to an officer, employee or former employee where: (1) such defense or payment is prohibited by Federal or State constitutions or by statute binding upon the City of Bakersfield; or (2) the action is brought voluntarily by the City against such officer or employee to determine liability for, or to recover sums payable to the City by such officer or employee; or (3) any disciplinary proceedings against such officer or employee; or (4) the act or omission complained of was done because of actual fraud, malice or corruption and not in good faith performance of official duties; or (5) such officer or employee fails to reasonably cooperate in good faith in the defense of the claim or action. c. The City of Bakersfield may enter into an agreement with an officer, employee or former employee to conduct the defense, when there is a dispute as to whether the claim arose out of or occurred within the scope of employment or duties, and such agreement may reserve the right not to pay the judgment, compro- mise or settlement unless and until it is established that such claim arose out of an act or omission within the scope of employ- ment or the performance of duties. to act employee. defense d. Nothing herein shall be construed to require the City of Bakersfield to purchase any particular form or amount of insurance coverage, nor prohibit the City of Bakersfield from acquiring any specific insurance coverage. SECTION 2. This ordinance shall become effective thirty days from and after the date of its passage. .......... o0o .......... I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on the ~ day of MR~h , 1978, by the following vote: CITY CLE~an~-~o 'Clerk of the Council Of the City of~Bakersfield ? L-_~YOR of ~ne ~ity of Bakersfield , 1978 APPROVED as to form: C~TY ATTORNEY of ~h~.i~ity"of Bakersfield AffrayS! of osttng r nan es STATE OF CALIFORNIA, f County of Ken~ ss. H. E. BERGEN, being duly sworn, deposes and says: That he is the duly appointed, acting and qualified City Clerk of the City of Bakersfield; and that or~ .....................................M. gT..~.kL...2...~ ..............................................19_"~.~... he posted on the Bulletin Board at the City Hall, a full, t~e and correct copy of an ordinance passed by the Council of said City at a meeting thereof duly held on ................I~..a...~.~.l~.._.~..~ ....................................19.~.-8.._, which ordinance was numbered ....... 2.401. ................New Series, and entitled: AN ORDINANCE OF THE COUNCIL OF THE CITY OF BAKERSFIELD PROVIDING FOR THE DEFENSE OF CIVIL ACTIONS AND PROCEEDINGS BY ADDING SECTION 3.14.320 TO CHAPTER 3.14 OF THE MUNICIPAL CODE. Subscribed and sworn to before me this