[HISTORY: Adopted by the Mayor and Council of the City of
Harrington 12-15-2008 by Ord. No. 08-06. Amendments noted where
applicable.]
For the purposes of this chapter, the following terms shall
have the meanings indicated:
A.Â
The City Solicitor or his or her designee shall undertake the representation or defense without charge of any current or former City officer or employee in a legal proceeding, a civil or criminal investigation or in a civil action, arising out of or related to the performance by such officer or employee of his or her public duties as defined by the standards set forth in § 12-3 of this chapter, or may undertake representation or defense in a criminal action arising from performance of a City officer's or employee's duties and which does not allege official misconduct, profiteering, bribery, receiving unlawful gratuities, improper influence or other abuse of his or her office or employment. An officer or employee may select his or her attorney with the concurrence of the City Solicitor and City Council.
B.Â
In the event
that legal fees for the representation of a City officer or employee
in a civil or criminal investigation or action exceed $25,000, the
City Solicitor shall seek the authorization of City Council to continue
providing legal representation in such matter at public expense. The
City Solicitor shall seek the authorization of City Council to continue
providing legal representation in such matter at public expense for
each additional expenditure of $50,000. It will not be considered
to be a breach of this chapter or any other Code section if exigent
circumstances preclude the City Solicitor from seeking and obtaining
Council permission to exceed the threshold amounts. However, the City
Solicitor shall seek City Council approval to continue representation
as soon as possible upon reaching or passing the threshold and shall
explain the exigent circumstances, in writing; which explanation shall
be a public document available from the City Solicitor. "Exigent circumstances"
shall mean conditions or contingencies that could not reasonably be
foreseen and guarded against and which require immediate action.
Any current or former officer or employee who is held liable
for the payment of any claims arising out of a civil action or settlements,
judgments, expenses, costs and awards of attorney's fees arising therefrom
shall be entitled to indemnification therefor where the claim shall
have been determined by the City Solicitor, subject to the approval
of the Council, to have resulted from activities which:
A.Â
Were done
in good faith;
B.Â
Were done
in the reasonable belief that such activities were in the best interest
of the City and in the furtherance of the official practices and policies
of the City;
C.Â
Were within
the scope of authority of the person so acting;
D.Â
Were within
the course of employment of the person so acting; and
E.Â
Were not
willful, malicious or wanton.
The City Manager is hereby authorized to enter into contracts of insurance for the indemnification of City officers and employees who are determined to be entitled thereto in accordance with § 12-3 of this chapter.
City Council may, upon resolution, authorize the payment of legal fees incurred by a City officer or employee for representation in a legal proceeding, investigation or in a criminal action, if the charge arose directly out of or in the course of City employment and if the proceeding, investigation or criminal action meets the criteria set forth in § 12-3 hereof. City Council may, within 30 days of the request for reimbursement, retain the services of an attorney to serve as Special Counsel to review the request for reimbursement and render recommendations to City Council on findings of fact and conclusions of law in accordance with Code criteria. Such recommendations shall be rendered within 120 days of Council's appointment of Special Counsel. City Council may remand questions to Special Counsel regarding Code criteria. Council shall consider the resolution at one of the next two meetings after the recommendations or after the response upon remand, whichever is later. The recommendations are not binding upon Council, whose members shall retain their ability to exercise legislative discretion in deciding whether to grant or deny the request. In no event shall any payment under this section be authorized where the officer or employee has plead, been adjudged or been found guilty, after trial and any appeal, of a crime involving a breach of public trust. Requests for reimbursement may be submitted at the conclusion of an investigation, or one year after the City Solicitor is notified of the investigation and every six months thereafter until the conclusion of the investigation and any trial, plea or appeal, and shall be considered by Council in accordance with the criteria contained in § 12-3 hereof.
An official or employee who receives a payment for outside legal services, as outlined in § 12-2, or who is reimbursed for legal fees, as outlined in § 12-5, and has plead, been adjudged or found guilty, after trial and any appeal, of any misdemeanor or felonious criminal act shall repay those funds advanced or reimbursed unless the official or employee can demonstrate to Council through an application that the officer or employee met the criteria set forth in § 12-3 hereof. Council may, upon resolution, authorize the payment of fees in such instances. In no event shall any exemption for repayment be made where the officer or employee has pled, been adjudged, or been found guilty, after trial and any appeal, of a crime involving a breach of public trust. The City Solicitor shall collect any and all legal fees that are due to the City as a result of this section, to include but not be limited to the attachment of wages and pensions, placing of liens, initiation of legal action, and/or any other civil remedies available to ensure the collection of the debt owed.
