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