HomeMy WebLinkAbout1970-1257 ORDINANCE NO.
AN ORDINANCE relating to police personnel; authorizing providing for
the legal defense of tort claims against police officers
and for indemnification against judgments arising there-
from; adopting Chapter 2.44, Police Officers--Protection
Against Tort Claims, consisting of Sections 2.44.010,
2.44.020 and 2.44.030, as a new chapter and new sections
of the City of Yakima'. Municipal Code; and declaring an
emergency.
WHEREAS, the City Council of the City of Yakima hereby finds
and declares it to be in the best interests of preserving the public
health, safety and general welfare of the citizens of the City of
Yakima that in the exercise of its police power the City provide for
the legal defense of its police officers, and for indemnification of
its police officers against judgments against them, for tort claims
against such officers not otherwise protected by insurance when such
claims arise from acts or conduct of police officers in their perfor-
mance of duty, and under the conditions expressed in this ordinance,
now, therefore,
BE IT ORDAINED BY THE CITY OF YAKIMA:
Section 1. There is hereby adopted Chapter 2.44, Police
Officers--Protection Against Tort Claims, consisting of Sections
2.44.010, 2.44.020 and 2.44.030, as a new chapter and new sections of
the City of Yakima Municipal Code to read as follows:
CHAPTER 2.44
POLICE OFFICERS--PROTECTION AGAINST TORT CLAIMS
2.44.010 Authorit to .rovide le:al defense--Conditions.
In the event a tort claim is made against a police officer of
the City, the City may provide for the legal defense of any
such officer not otherwise protected against such claim by
insurance upon a finding by resolution of the City Council
that at the time of the act or conduct on which the claim is
based the police officer (1) was acting in a matter in which
the City had an interest or which affected municipal rights
or property, or rights or property of persons which the police
' officer was charged with a duty to protect or defend, and
(2) was acting in discharge of a duty imposed or authorized
by law, and (3) was acting in good faith and not under circum-
stances which indicate to the Council a blamable want of care
or caution.
2.44.020 Defense Counsel--Defense Costs. By its resolu-
tion, the City Council may specify in its discretion that the
legal defense shall be afforded by the Legal Department of the
City, or nay designate that private legal counsel be engaged
for such purpose at the expense of the City. In either event,
c.
actual costs necessarily incurred for investigations and other
preparationS for trial shall be borne by the City.
2.44.030 Judgment an&Settlement. By its resolution,
the City Council may further provide that the City will pay
any judgment against the police officer resulting from the
trial of the tort claim against him, or that the City will
pay any settlement of such claim when the amount and terms
of such settlement are approved by the City Council.
Section 2. This ordinance is one to provide for the immediate
preservation of the public peace, property, health, safety and wel-
fare of the people of the City of Yakima and an emergency is hereby
declared to exist and this ordinance shall be in full force and effect
immediately upon its passage, approval and publication as provided
by law and by the City Charter.
PASSED BY THE CITY COUNCIL, signed and approved this 23rd day
of November, 1970.
/
Mayor
ATTEST:
City Clerk
All
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