"Employee"
means any person who is or has been employed by the City.
"Legal proceeding"
means a proceeding before a tribunal constituted by law, including a court, an administrative body or commission, or an administrative law judge or hearing officer.
"Official"
means any person who is serving or has served as an elected City official, and any person who is serving or has served as an appointed member of any City board, commission, committee, or other appointed position with the City.
"Volunteer"
means a person who performs any assigned or authorized duties, except emergency services workers, brought about by one's own free choice, receives no wages, and is registered and accepted as a volunteer by the City.
(Ord. 5528, 11/19/2025)
(a) 
The City of Bremerton shall provide legal defense and will pay all legitimate claims, settlements, judgments, and associated costs for any past or present official, employee, volunteer, and their marital communities, named as a party, claimant, or defendant in any claim, lawsuit, or legal proceeding as a result of acts or omissions performed, or were good faith purported to be performed, within the scope of their official duties.
(b) 
The legal defense shall be provided by the office of the City Attorney, and may include legal services provided by contract with outside legal counsel as determined to be necessary by the City Attorney.
(Ord. 4107, 1987; Ord. 5528, 11/19/2025)
(a) 
Within seven days after receipt of a claim, lawsuit, or legal proceeding against them, a City official, employee, or volunteer shall deliver it to the office of Risk Management.
(b) 
Upon delivery thereof, the City official, employee, or volunteer named as party to a claim, lawsuit, or legal proceeding shall cooperate to the fullest extent with the City Attorney, Risk Management Specialist and other authorized representatives. This shall include, but is not limited to, providing requested information, statements, testimony, exhibits and documents.
(c) 
In the event that any official, employee, or volunteer fails to comply with any of the conditions of this section, or elects to provide their own representation with respect to any such claim or litigation, then all of the provisions of this chapter shall be inapplicable, and have no force or effect with respect to any such claim or litigation.
(Ord. 4107, 1987; Ord. 5075 § 6, 2009; Ord. 5528, 11/19/2025)
(a) 
In no event shall protection be offered under this chapter by the City to:
(1) 
Any dishonest, fraudulent, criminal, or malicious act or course of conduct of an official, employee, or volunteer;
(2) 
Any act or course of conduct of an official, employee, or volunteer which is not performed on behalf of the City;
(3) 
Any act or course of conduct which is outside the scope of an official's, employee's, or volunteer's service or employment with the City; or
(4) 
Any claim, action, or legal proceeding brought against an official, employee, or volunteer by or on behalf of the City. Nothing herein shall be construed to waive or impair the right of the City Council to institute suit or counterclaim against any official or employee nor to limit its ability to discipline or terminate an employee.
(b) 
The provisions of this chapter shall have no force or effect with respect to any accident, occurrence or circumstance for which the City or the official, employee, or volunteer is insured against loss or damages under the terms of any valid insurance policy; provided, that this chapter shall provide protection, subject to its terms and limitations, above any loss limit of such policy. The provisions of this chapter are intended to be secondary to any contract or policy of insurance owned or applicable to any official, employee, or volunteer. The City shall have the right to require an official, employee, or volunteer to utilize any such policy protection prior to requesting the protection afforded by this chapter.
(Ord. 5528, 11/19/2025)
Claims, actions, and other legal proceedings predicated upon the official acts of officials, employees, or volunteers will be presumed to be within the scope of their official duties and covered by this chapter unless the City Council declares otherwise. Upon the recommendation by the Mayor that an official, employee, or volunteer should not be afforded a defense by the City under the terms of this chapter, the City Council may deny an official, employee, or volunteer the protections of this chapter when such a denial is consistent with the terms of this chapter. The decision of the City Council shall be final as a legislative determination and shall be based upon a finding that the claim, action, or legal proceeding against an official, employee, or volunteer meets or does not meet the criteria of this chapter. Nothing in this section shall preclude the City from undertaking an officer's, employee's, or volunteer's defense under a reservation of rights. The determination to deny a defense as provided under this chapter to a member or members of the City Council-shall be made without the vote of such member of the City Council unless the inclusion of such member or members is required for a quorum; provided, that if a claim or action affects a quorum or greater number of the members of the City Council, all such affected members shall retain their voting privileges under this section.
(Ord. 5528, 11/19/2025)
(a) 
If the City determines that an official, employee, or volunteer does not come within the provisions of this chapter, and a court of competent jurisdiction later determines that such claim, action, or legal proceeding does come within the provisions of this chapter, then the City shall pay any judgment rendered against the official or employee and reasonable attorneys' fees incurred in defending against the claim, action, or legal proceeding. The City shall pay any attorneys' fees incurred in obtaining the determination that such claim, action, or legal proceeding is covered by the provisions of this chapter.
(b) 
If the City determines that a claim, action, or legal proceeding against a city official, employee, or volunteer does come within the provisions of this chapter, and a court of competent jurisdiction later finds that such claim does not come within the provisions of this chapter, then the City shall be reimbursed for costs or expenses incurred in obtaining the determination that such claim, action, or legal proceeding is not covered by the provisions of this chapter.
(Ord. 5528, 11/19/2025)
Nothing contained in this chapter shall be construed to modify or amend any provision of any policy of insurance where any City official, employee, or volunteer thereof is the named insured. In the event of any conflict between this chapter and the provisions of any such policy of insurance, the policy provisions shall be controlling; provided, however, that nothing contained in this section shall be deemed to limit or restrict any employee's, official's, or volunteer's right to full coverage pursuant to this chapter, it being the intent of this chapter and section to provide the coverage detailed in this chapter outside and beyond insurance policies which may be in effect, while not compromising the terms and conditions of such policies by any conflicting provision contained in this chapter.
(Ord. 5528, 11/19/2025)