It shall be a condition of employment of City officers and employees that in the event claims and/or litigation for personal injuries, wrongful death, property damage or any damages occasioned by any negligent act, error or omission by such officers or employees while performing or in good faith purporting to perform official duties, are made against such officers or employees, the City Attorney of the City of Tacoma shall, at the request of or on behalf of said officers or employees, investigate and defend such claims and/or litigation. In addition, police officers and other employees vested with the power of arrest shall receive the same protection for acts occurring in the course and the scope of their employment wherein claims or civil litigation are initiated against them involving false arrest, assault and/or battery, wrongful detention or imprisonment, malicious prosecution, violation of rights of privacy, discrimination, wrongful entry or eviction or other rights of private occupancy. If a claim be deemed by the City Attorney to be a proper one or if judgment be rendered against such offices or employees, such claim or judgment shall be paid by the City in accordance with procedures established for the payment of claims and judgments against the City; provided, that said officers or employees shall, in the event of an accident or occurrence, as soon thereafter as practical, give the City Attorney's office written notice thereof, identifying the officers or employees involved and containing information with respect to the time, place and circumstances thereof, and the names and addresses of the injured, and of any available witnesses, and shall forward to the City Attorney's office every demand, notice, summons or other process relating to said incident, and received by him or her or their representative, and shall cooperate with the City Attorney, his staff or any claims representative retained by the City upon request, and shall further assist in making settlements, in the conduct of suits and enforcing any claim or any right of contribution or indemnity against any person or organization who may be liable to the City because of bodily injury, property damage or other loss arising from the accident, incident or occurrence, and such officers or employees shall attend interviews, depositions, hearings and trials and assist in securing and giving evidence and obtaining the attendance of witnesses, and said officers and employees shall not, except at their own cost, voluntarily make any payment, assume any obligation or incur any expense other than for first aid to others at the time of an accident; provided further, that in the event any such officers or employees fail or refuse to cooperate as specified in the above proviso, or elects to provide his or her legal representation with respect to claims and/or litigation arising out of the officer's or employee's acts or duties in the scope of his or her employment by the City, provisions of this chapter will be inapplicable and of no force and effect with respect to any such claim and/or litigation; provided further, that the obligations assumed under this section by the City and the City Attorney's office shall not apply to any dishonest, fraudulent, criminal or malicious act.
(Ord. 21220 § 1, 1977-12-13; Ord. 20791 § 1, 1976-07-06; Ord. 28969 Ex. A, 2024-06-11)
The provisions of Section 1.12.920 shall not modify existing procedures or requirements of law for processing and payment of claims against the City, or of judgments in those cases in which the City is a party defendant; provided, that such claims, lawsuits and judgments shall be handled in all respects in the same manner as those in which a claim is filed or a lawsuit brought against the City, notwithstanding any other provision contained in this section or Section 1.12.920, such provisions shall have no force and effect with respect to any accident, occurrence or circumstance in which the City or the officers or employees are insured against loss or damages under the terms of any valid insurance policy.
(Ord. 20791 § 1, 1976-07-06)
The determination of whether the acts or omissions of said officers or employees were, or in good faith purported to be, within the scope of their official duties, shall be made by their department head, or in the case of such a claim or litigation against the department head, by the City Manager, and in the case of any elected official of the City, by the City Attorney; in the event the determination cannot be made with reasonable certainty, then they shall have the option to refer the matter to the Superior Court for determination.
(Ord. 20791 § 1, 1976-07-06; Ord. 28969 Ex. A, 2024-06-11)
Any volunteer, as defined by and covered under the terms of RCW 51.12.035, who performs assigned or authorized duties for the City of Tacoma shall be afforded the same protection against personal liability, subject, however, to the same limitations and obligations, as are provided for regular officers and employees under the terms of Sections 1.12.920 through 1.12.950 of the Official Code of the City of Tacoma; provided, however, that the determination as to whether they are within the scope of their assigned or authorized duties as provided in Section 1.12.940 shall be made by the director of the department for which such assigned or authorized duties were being performed at the time the incident giving rise to the claim or litigation arose.
(Ord. 20835 § 1, 1976-08-03)
All officers and employees of the Tacoma Public Library and officers and employees of other entities which participate in the Self Insurance Program of the General Government of the City of Tacoma shall be afforded the same protection against personal liability, subject to the same limitations and obligations as are provided for officers and employees of the City under the terms of Sections 1.12.920 through 1.12.960.
(Ord. 23782 § 1, 1987-02-10)
The City Manager and the Director of Utilities, through the Human Resources Director, shall provide a full and written disclosure to the City Council on the pay and fringe benefit increases for all personnel and clearly indicate all new classified and unclassified positions requested in the Pay and Compensation Plan. Furthermore, the City Manager and the Director of Utilities, through the Human Resources Director, shall provide this written disclosure to the City Council prior to the introduction of and first reading of any ordinance or resolution approving pay and benefit increases or creating new personnel classifications.
(Ord. 23357 § 5, 1985-03-19; Subst. Ord. 28862 Ex. A, 2022-12-13)