8476 Civil ClaimsORDINANCE NUMBER
(Published in The Salina Journal 0il0,-, ,� 4(o , 1976)
AN ORDINANCE RELATING TO PUBLIC OFFICIALS AND EMPLOYEES OF THE CITY
OF SALINA, KANSAS; PROVIDING SECURITY, INDEMNIFICATION AND PAYMENT OF CERTAIN
EXPENSES INCURRED IN ADJUSTING, SETTLING OR DEFENDING CLAIMS BROUGHT AGAINST
THEM FOR THEIR ACTIONS IN DISCHARGING CITY DUTIES OR PERFORMING CITY EMPLOYMENT.
BE IT ORDAINED by the Governing Body of the City of Salina, Kansas:
Section 1. The City, in the discretion of the Governing Body, may
post security, indemnify and pay on behalf of each person and the heirs and
representatives of such person who is or was an elected official, officer,
employee or lawfully appointed official of the City for any reasonable expense
that may be incurred by such person in connection with or resulting from any
claim, action, suit or proceeding, civil, criminal, administrative or investigative,
or threat thereof, or in connection with an appeal relating thereto, in which
such person may become involved as a party or otherwise, by reason of being or
having been an officer, employee or official of the City. The payment of such
expense shall be supplemental to any expense incurred by any insurance company
under the company's contractual obligation to the City.
such person and the payment of judgements, fines, penalties or amounts paid in
settlement by or on behalf of such person.
Section 3. The Governing Body, prior to obligating the City for
such expense shall make or cause to be made, an investigation of the facts
relating to the claim, action or proceeding against such person. Thereafter,
the Governing Body, by Resolution, shall make findings of fact, a determination
as to whether or not assistance will be provided, the type thereof and the
estimated amount of expense.
Section 4. In making its findings of fact and determination the
Governing Body shall not authorize the payment of such expense unless it finds
all of the following:
(a) The claim, action or proceeding arose out of and
in the line of duty or employment of such person.
(b) The City has a direct interest in the matter as opposed
to a collateral interest.
(c) The officer or employee acted in good faith and had
reasonable cause to believe his conduct was lawful.
(d) That it would be in the interests of the City to
authorize the payment of such expense.
1
Section
2. As
used in this
ordinance,
the term
"expense" includes
counsel fees, and
other
disbursements
made or to
be made
in the defense of
such person and the payment of judgements, fines, penalties or amounts paid in
settlement by or on behalf of such person.
Section 3. The Governing Body, prior to obligating the City for
such expense shall make or cause to be made, an investigation of the facts
relating to the claim, action or proceeding against such person. Thereafter,
the Governing Body, by Resolution, shall make findings of fact, a determination
as to whether or not assistance will be provided, the type thereof and the
estimated amount of expense.
Section 4. In making its findings of fact and determination the
Governing Body shall not authorize the payment of such expense unless it finds
all of the following:
(a) The claim, action or proceeding arose out of and
in the line of duty or employment of such person.
(b) The City has a direct interest in the matter as opposed
to a collateral interest.
(c) The officer or employee acted in good faith and had
reasonable cause to believe his conduct was lawful.
(d) That it would be in the interests of the City to
authorize the payment of such expense.
1
Section 5. The Governing Body shall have the right to terminate and
revoke by Resolution at any time any previous resolution authorizing the
payment of expense without further liability or obligation to any such officer
or employee, or third parties contracting with such officer or employee.
Section 6. All findings and determination required by this ordinance
shall be made by a majority of all of the elected City Commissioners.
Section 7. This ordinance shall be in full force and effect from
and after its adoption and publication in the official city newspaper.
Introduced: March 15, 1976
(SEAL)
Attest:
Passed: March 22, 1976
Robert C. Caldwell, Mayor.
GL 1. tit c D. L. Harrison, City Clerk