Ordinance 2014-1676 - Laserfiche WebLink

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G. 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: 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, dismissal upon successful completion of a deferred 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.B; 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.B. Ordinance No. 1676, Series 2014 Page 3 of 5