Legal Review Committee Agenda and Packet 2014 09 18

Home Browse Search

recklessly, without regard to consequences, or of the rights and safety of others, particularly the person injured; (3) The defense of sovereign or governmental immunity is not available under the Colorado Governmental Immunity Act to bar the claim against the employee (this circumstance, however, shall not apply to the City's obligation under this Chapter to pay the defense costs of its employees); (4) The employee has not compromised or settled the claim without the consent of the City; (5) If the civil claim is asserted in a lawsuit filed against the employee that does not name the City as a co- defendant, the employee has notified the City in writing about the lawsuit within fifteen (15) days after being served with the summons and complaint; (6) The employee has not willfully and knowingly failed to notify the City of the incident or occurrence which led to the claim within a reasonable time after such incidence or occurrence, if such incidence or occurrence could reasonably have been expected to lead to a claim; and (7) If there exists any other prerequisite under the Colorado Governmental Immunity Act to the City's obligations to defend and indemnify the employee, the employee has satisfied that prerequisite. Sec. 2.06.030. Legal representation of employees. The City's obligation in section 2.06.020 to pay an employee's attorney's fees shall apply only to legal counsel chosen and retained by the City to represent the employee in the civil action. When the City and the employee are named defendants in the same civil action, the City may retain the same legal counsel to represent them both. If, however, in the judgment of the City Attorney, a conflict of interest is determined to exist between the employee and the City, the City shall retain separate legal counsel for the employee and shall be obligated under section 2.06.020 to pay the fees for such legal counsel. In either case, if a court subsequently determines that the employee's act or omission did not occur during the employee's performance of his or her duties for the City and within the scope of the employee's employment with the City, or that the act or omission of the employee was willful and wanton, the City may request, and the court is required to order, such employee to reimburse the City for its reasonable costs and attorney's fees incurred in the defense of the employee in the civil action. Sec. 2.06.040. Reimbursement of employees' attorney's fees in criminal matters. (a) The City shall pay the reasonable attorney's fees, as determined by the City Manager (or by the City's special legal counsel if it is the City Manager's attorney's fees being paid), incurred by an employee related to any criminal investigation or criminal charge if all of the following circumstances exist: