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City of Louisville <br />City Council Legal Review Committee <br />August 15, 2014 <br />Page 4 of 4 <br />may request and the town may reimburse the officer, commission member or <br />employee for any attorney fees actually expended by the officer, commission <br />member or employee in his or her defense of the written complaint, up to the <br />amount of two thousand dollars ($2,000.00). The officer, commission member or <br />employee seeking such reimbursement of attorney fees as provided for herein <br />shall file a complete and detailed request for reimbursement with the board of <br />trustees of the town showing amounts expended and specific legal services <br />received and the board of trustees shall then review the request and determine its <br />appropriateness hereunder. In the event the board of trustees has determined by <br />resolution to reimburse such fees, the town shall reimburse such fees within sixty <br />(60) days of receipt of the request for reimbursement. Erie Municipal Code <br />Section 1- 7- 13(E). <br />If the City desires to pursue a policy of this type regarding its Code of Ethics, further evaluation <br />would be needed regarding the procedures for adoption and the appropriate language. <br />More broadly, the City could also if desired adopt general legislation addressing the defense and <br />indemnification of officials and employees. I have included as Attachment 3 samples of such <br />policies from Fort Collins and Greenwood Village, each of which in varying ways addresses the <br />obligations and legal principles addressed above, as well as related issues. <br />5. Conclusion and Options. As noted above, this memorandum is to provide some <br />initial background to aid further discussion of City policies regarding defense, liability and <br />coverage issues. If the Legal Review Committee and /or City desire to further consider potential <br />adoption of a defense and indemnification policy, I recommend it direct staff to provide specific <br />options for a draft City policy as well as further analysis of related pros /cons and legal issues. <br />If you have any questions, please contact me. <br />cc: Malcolm Fleming, City Manager <br />Light 1 Kelly, P.C. <br />101 University Boulevard, Suite 210, Denver, CO 80206 <br />