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)