Legal Review Committee Agenda and Packet 2014 09 18

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Chapter 2.06 DEFENSE AND INDEMNIFICATION OBLIGATIONS TO OFFICERS AND EMPLOYEES Sec. 2.06.010. Public employee defined. Sec. 2.06.020. City's defense and indemnification obligations to employees. Sec. 2.06.030. Legal representation of employees. Sec. 2.06.040. Reimbursement of employees' attorneys' fees in criminal matters. Sec. 2.06.050. No liability to third parties. Sec. 2.06.010. Public employee defined. When used in this Chapter, the terms public employee and employee shall have the same meaning as the term "public employee" is given in the Colorado Governmental Immunity Act, Section 24-10- 103(4), C.R.S. In addition, these terms shall include within their meaning any official of a board, commission, er- authority, task force or committee (hereinafter referred to collectively, "board or commission ") appointed by the City Council and who is also subject to removal by the City Council, whether or not such board or commission is itself under the control of the City Council. However, with respect to any such official, the City's defense and indemnity obligations under this Chapter shall be secondary to any insurance coverage carried by the board, or commission or authority for the benefit of the official. Further, these terms may include the "public employees" (as defined in the Colorado Governmental Immunity Act, Section 24 -10- 103(4), C.R.S., of any other governmental entity provided the City has entered into an intergovernmental agreement with that governmental entity as authorized by Section 29 -1 -203, C.R.S., and the intergovernmental agreement provides that the other governmental entity may participate in the City's &elf—insurance program and such participation is approved by the City's insurer or is approved by the City in the case of self- insurancea3 c3tablished in Chaptcr 3, Article III of Chaptcr 8 of this Code. However, the city's obligations to defend and indemnify the public employees of the other governmental entity under this Chapter shall be governed by the specific terms and conditions of the parties' intergovernmental agreement. Sec. 2.06.020. City's defense and indemnification obligations to employees. The City shall assume liability, to the extent permitted by law, for the payment of all defense costs, attorneys' fees, judgments and settlements of all civil claims, except those arising under contract, against any of its present or former public employees, whether or not the City itself is separately liable to the claimant, if all of the following circumstances exist: (1) The claim against the employee arises from an act or omission of the employee occurring during the performance of the employee's duties and within the scope of the employee's employment with the City; (2) The employee's act or omission was not "willful and wanton," that is, conduct purposely committed which the employee must have realized as dangerous, done heedlessly and