Legal Review Committee Agenda and Packet 2014 09 18

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(1) The investigation is conducted or the charge is formally filed by an agency of the federal government or of a state or local government, or by a person filing a complaint under the Code of Ethics enforcement provisions set forth in Section 5 -12 of the City Charter; (2) The investigation or charge arises from an alleged act or omission of the employee occurring during the performance of his or her duties and within the scope of his or her employment with the City; (3) The investigation results in no charge being filed or any prosecution results in the dismissal or acquittal of all charges filed or, in the case of a complaint under the Code of Ethics, results in the dismissal without prosecution or the dismissal or acquittal by the court of all charges; and (4) The City Manager determines that the employee's conduct from which the investigation or charge arises was not willful and wanton, as described in section 2.06.020(2); provided, however, if it is the City Manager's attorney's fees that are being considered for payment, special legal counsel for the City shall make the determination of whether the City Manager's conduct from which the investigation or charge arises was willful and wanton, as described in section 2.06.020(2). (b) At the direction of the City Manager, or at the direction of the City's special legal counsel if it is the City Manager's attorney's fees that are being paid, such fees may be paid by the City as incurred by the employee or may be reimbursed by the City upon disposition of the charge. In the event that such fees are advanced by the City and the investigation andlor prosecution of the charge or complaint results in a disposition other than dismissal without prosecution, dismissal or acquittal, the employee shall upon demand of the City reimburse the City for the full amount of said fees within ninety (90) days of the disposition date of the charge. In the event fees are requested for reimbursement, the employee seeking such reimbursement shall file a complete and detailed request for reimbursement with the City Manager, or with the City's special legal counsel if it is the City Manager's attorney's fees that are requested for reimbursement, showing amounts expended and specific legal services received and the City Manager of the City's special legal counsel shall then review the request and determine its appropriateness hereunder. Amounts determined appropriate for reimbursement shall be reimbursed within sixty (60) days of receipt of the request for reimbursement. Sec. 2.06.050. No liability to third parties. The City's assumption of liability in this Chapter shall not be construed so as to expand in any way the City's liability to third -party claimants, whether under the provisions of the Colorado Governmental Immunity Act or otherwise.