HomeMy WebLinkAbout1987-079-06/02/1987-AGAINST DAMAGES CITY OFFICIALS AND EMPLOYEES INDEMNIFYING RESOLUTION 87-79
OF THE COUNCIL OF THE CITY OF FORT COLLINS
INDEMNIFYING CITY OFFICIALS AND EMPLOYEES
AGAINST CERTAIN DAMAGES
WHEREAS, City officials and employees have historically been insured
against the risk of damages and losses arising from their acts and
omissions when acting in their official capacity and within the scope of
their employment within the City; and
WHEREAS, escalating costs of insurance premiums have severely
restricted the insurance coverage limits for such liability insurance; and
WHEREAS, it is anticipated that claims brought against the City and/or
its officials and employees may exceed said insurance limits; and
WHEREAS, it is in the best interests of the City that individual
officials and employees be indemnified by the City for judgments, defense
costs and monetary losses arising from their employment activities with the
City.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT
COLLINS AS FOLLOWS:
1. That the City shall , and does hereby, assume liability to the
extent authorized by law, for payment of all defense costs, judgments and
settlements of civil claims against any of its present or former public
employees, as defined in C.R.S. 24-10-103(4) , whether or not the City
itself is separately liable to the claimant, when the following
circumstances apply:
(a) The claim is brought in state or federal court;
(b) Sovereign or governmental immunity does not bar the
action against the employee;
(c) The claim against the employee arises from injuries or
damages allegedly sustained by reason of the act or omission of
such employee occurring during the performance of his or her
duties and within the scope of his or her employment;
(d) The act or omission of the employee was not, in the
judgment of the City, considered to be "willful and wanton, " that
is, conduct purposefully committed which the employee must have
realized as dangerous, done heedlessly and recklessly, without
regard to consequences or the rights and safety of others,
particularly the claimant; and
(e) The employee does not compromise or settle the claim
without the consent of the City.
2. That attorney's fees to be paid by the City in civil action shall
include fees for legal counsel retained by the City or its insurance
carrier, as well as fees for separate legal counsel to represent the
interests of the employee when a conflict of interest is determined to
exist between the City and the employee, in the judgment of legal counsel
for the City; provided, however, that the employee may be required to
reimburse the City for any such additional fees if the employee is
determined by the City Manager, after trial or resolution of the dispute to
have acted in a willful and wanton fashion, as described in Paragraph 1(d)
above.
3. That the City shall also pay attorney's fees incurred by an
employee in the defense of any claim of criminal misconduct under the
following circumstances:
(a) The claim is formally filed with an agency of the
federal , state or local government;
(b) The claim 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; and
(c) The claim is not brought against the employee by or at
the instance of the City; and
(d) The investigation and/or prosecution of the claim
results in dismissal or acquittal ; and
(e) The City Manager determines that the employee has not
acted in a willful and wanton fashion as described in Paragraph 1
(d) above.
At the direction of the City Manager, such fees may be paid by the
City as incurred or may be reimbursed by the City upon disposition of the
claim. In the event that such fees are advanced by the City and the
investigation and/or prosecution of the claim results in a disposition
other than dismissal or acquittal , the employee shall reimburse the City
for the full amount of said fees within ninety (90) days of the date of
disposition of the claim.
4. That the City's assumption of liability herein 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, C.R.S. 24-10-101, et. seq. or otherwise.
Passed and adopted at a regular meeting of the Council of the City of
Fort Collins held this 2nd day of June, A.D. 1988
M or
ATTEST:
SIX
City Clerk