DEFENSE OF CITY OFFICERS AND EMPLOYEES

SEA-MC tit. 4, ch. 4.64

in effect

Seattle Mun. Code § 4.64.010 Investigation and defense.

4.64.010 - Investigation and defense. It shall be a condition of employment of City officers and employees that in the event there is made against such officers or employees any claims and/or litigation arising from any conduct, acts or omissions of such officers or employees in the scope and course of their City employment, the City Attorney shall, at the request of or on behalf of the officer or employee, investigate and defend such claims and/or litigation and, if a claim be deemed by the City Attorney a proper one or if judgment be rendered against such officer or employee, the claim or judgment shall be paid by the City in accordance with procedures established in this chapter for the settlement of claims and payment of judgments; provided that, the officers or employees shall, in the event of any incident or course of conduct giving rise to a claim for damage and/or litigation, as soon as practicable give the Law Department written notice thereof, identifying the officers or employees involved and containing information with respect to time, place and circumstances thereof and the names and addresses of persons allegedly injured or otherwise damaged thereby and of available witnesses and shall forward to the Law Department every demand, notice, summons or other process relating to any such incident or course of conduct, and received by him or his representative and shall cooperate with the City Attorney and the Law Department and, upon request, assist in making settlements in the conduct of suits and in enforcing any claim or any right of contribution or indemnity against any person or organization who may be liable to the City because of any damage or alleged loss arising from the incident or course of conduct and the officers or employees shall attend interviews, depositions, hearings and trials and assist in securing and giving evidence and obtaining the attendance of witnesses, and the 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 any incident or course of conduct giving rise to any such alleged loss or damage; provided further, that in the event any such officer or employee fails or refuses to cooperate as specified in the above proviso or elects to provide his own legal representation with respect to any such claims and/or litigation, then the provisions of this chapter will be inapplicable and of no force and effect with respect to any such claim and/or litigation. (Ord. 105637 § 1, 1976: Ord. 104526 § 1, 1975.)

Seattle Mun. Code § 4.64.015 Limitations and reservations.

4.64.015 - Limitations and reservations. The City's undertakings and obligations under Section 4.64.010 are subject to these limitations and reservations: A. Section 4.64.010 does not apply to, and the City shall have no obligation to defend or indemnify with respect to, claims and/or litigation arising from any dishonest, fraudulent, criminal or malicious acts or omissions of officers or employees of the City. A determination as to whether this limitation upon the City's obligation to defend or indemnify applies shall be made by the relevant department head or the City Attorney as part of the determination required pursuant to SMC Section 4.64.020. B. Nothing contained in this chapter shall be construed to modify or amend any provision of any policy of insurance wherein the City or any official or employee 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 provision shall be controlling; provided, however, that nothing contained in this section shall be deemed to limit or restrict any employee's or official's rights to full coverage pursuant to this chapter, it being the intention of this section to provide complete coverage 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. C. If a bargaining unit contract covers any of the provisions of this chapter, all employees under such contract shall be governed by the provisions thereof, rather than by the provisions of this chapter, and where any conflict exists between the provisions of any such contract and this chapter, such contract shall control. D. Nothing in Section 4.64.010 shall preclude the City from undertaking an officer or employee's defense under a reservation of rights. (Ord. 117655 § 1, 1995.)

Seattle Mun. Code § 4.64.016 Administrative proceedings.

4.64.016 - Administrative proceedings. In the event there is made against any City officers or employees any administrative charge of misconduct which is the subject of any proceedings before any administrative tribunal of any City, state, or federal agency that may lead to the administrative imposition of a monetary penalty, the making of any recommendation regarding the City employment of the officer or employee, or the imposition of any discipline or sanction related to a professional license, the officer or employee shall be entitled to request that the City defend the officer or employee in such administrative proceedings. Any City employee or officer shall make their request for defense to the Chief of the Civil Division of the Law Department. Thereafter, the Chief of the Civil Division of the Law Department shall, after receiving a report and recommendation regarding the request from the relevant department head, make a determination as to whether the acts or omissions which form the basis of the administrative charge and proceeding arose in the course and scope of City employment. Department heads and the presiding officers of City boards or commissions shall make their request for defense to the Mayor, who shall, after receiving a report and recommendation regarding the request from the Chief of the Civil Division of the Law Department, make the determination as to whether the acts or omissions which form the basis of the administrative charge and proceeding arose in the course and scope of City employment. If the determination is made that such acts or omissions arose in the course and scope of City employment then the City shall defend the officer or employee in such administrative proceedings, including any judicial review of such proceedings. There shall be no appeal from such determinations made by the Mayor or the Chief of the Civil Division of the Law Department. If the determination is made that the City will defend in administrative proceedings, other than a proceeding involving a charge brought by the Executive Director of the Ethics and Elections Commission, the City will indemnify the officer or employee with respect to any monetary penalty imposed, subject to any reservation of rights exercised under SMC 4.64.015. The City will not indemnify any officer or employee with respect to any monetary penalty imposed on a charge brought by the Executive Director of the Ethics and Elections Commission. The duty to defend in administrative proceedings and the indemnification of any monetary penalty is subject to the limitations and reservations contained in SMC Section 4.64.015. (Ord. 123009, § 1, 2009; Ord. 117655 § 2, 1995.)

Seattle Mun. Code § 4.64.017 Punitive damages.

4.64.017 - Punitive damages. When an officer or employee of the City has been represented in a claim or litigation by the City pursuant to SMC Section 4.64.010 and punitive damages are pled or sought against the officer or employee, the City Attorney shall investigate and defend against any such allegations regarding punitive damages. When an officer or employee of the City other than the Mayor or a City Councilmember has been represented in a claim and/or litigation by the City pursuant to SMC Section 4.64.010, and a judgment is rendered against such officer or employee for punitive damages, the officer or employee may make a request to the Mayor that the City pay the award of punitive damages on behalf of the officer or employee. Upon receiving a request made by or on behalf of a City officer or employee that the City should pay an award of punitive damages, the Mayor shall receive a report and recommendation from the officer or employee's department head. Following receipt of the report and recommendation of the relevant department head, the Mayor shall determine whether the best interests of the City and justice will be served by payment by the City of the award for punitive damages, from which determination there shall be no appeal. The Mayor shall communicate his determination with respect to the officer or employee's request that the City pay the award of punitive damages to the officer or employee and to the City Attorney. Thereafter, the City Attorney shall authorize payment of a punitive damages award or decline to pay a punitive damages award, in conformity with the Mayor's determination. If a punitive damages award is made against the Mayor under the circumstances above described, the determination as to whether the best interests of the City and of justice will be served by payment by the City of the award shall be made by the City Attorney. If a punitive damages award is made against a City Councilmember under the circumstances above described, the determination as to whether the best interests of the City and of justice will be served by payment by the City of the award shall be made by the President of the City Council, unless an award of punitive damages has been made against such President of the Council, in which case the determination shall be made by the Councilmember next in succession to the Presidency of the Council not subject to any punitive damages award. When an officer or employee of the City has been represented in a claim and/or litigation by the City pursuant to SMC Section 4.64.010, and an award of punitive damages is pled or sought against the City officer or employee, at any time the City officer or employee may make a request that the City indemnify the officer or employee against any award of punitive damages. Any such prejudgment request for indemnity against punitive damages should be made to the official and under the conditions applicable to a post-judgment request for payment by the City of a judgment for punitive damages, and the official who will make a prejudgment determination regarding indemnity for punitive damages will be the same as for post-judgment determinations. Determinations with respect to payment by the City of an award of punitive damages and determinations with respect to prejudgment requests for indemnity against punitive damages shall be subject to the limitations and reservations contained in SMC Section 4.64.015. (Ord. 117655 § 3, 1995.)

Seattle Mun. Code § 4.64.020 Determination of acts within scope of duty.

4.64.020 - Determination of acts within scope of duty. The determination whether the officer or employee was acting within the scope and course of his employment by the City shall be made by his department head, and in the case of such a claim or litigation against a department head such determination shall be made by the City Attorney. (Ord. 104526 § 2, 1975.)

Seattle Mun. Code § 4.64.030 Vehicle accidents.

4.64.030 - Vehicle accidents. The City Attorney is authorized to prosecute and secure collection of all claims for damage to City property arising from accidents involving the City's vehicle fleet. (Ord. 104526 § 3, 1975.)

Seattle Mun. Code § 4.64.100 Defense of claims against volunteers.

4.64.100 - Defense of claims against volunteers. To encourage the participation of volunteers in carrying out City projects and activities for the public, the City shall appear and defend a claim or action made against a volunteer personally and pay the claim if judgment is rendered against the volunteer or a settlement is made requiring a payment from the volunteer when all these conditions are met: A. The department head determines that the claim arises out of the actions or omissions of the volunteer in the scope and course of carrying out an assignment for a City project or activity or out of the actions or omissions of the volunteer in carrying out an assignment under the direction of a City officer for a joint project or activity of the City and another association or corporation; B. The volunteer has registered in writing with the responsible City department and has been authorized to perform the assignment or such assignments; C. The volunteer gives the City information about the accident or claim as soon as practicable. This includes the time, place and circumstances of the damage or injury, the persons or property involved, the extent of the injuries or damages, the names of witnesses, and other facts requested by the City Attorney; and D. The volunteer authorizes the City to defend the claim on his or her behalf and to represent him or her in any litigation that may arise; and the volunteer cooperates fully and assists the City Attorney in its defense. This condition includes forwarding to the City Attorney any and every demand, notice, summons or other process received which may relate to the incident or lawsuit; attending interviews, depositions, hearings and trials; assisting in securing evidence and the attendance of witnesses; filing and enforcing claims against others who may be liable; and obeying instructions of the City Attorney related to the defense of the claim. The City's defense of a claim made against a volunteer includes claims made against a volunteer and his or her marital community on account of the volunteer's actions or omissions in the scope and course of carrying out a City assignment and it covers claims or lawsuits made against the City and the volunteer jointly. (Ord. 112997 § 1, 1986.)

Seattle Mun. Code § 4.64.110 Limitations and reservations.

4.64.110 - Limitations and reservations. The City's undertakings and obligations under Section 4.64.100 are subject to these limitations and reservations: A. Section 4.64.100 does not apply to claims arising out of the volunteer's use of a motor vehicle. Eligibility for City defense and payment of claims against a volunteer arising from his or her use of a motor vehicle will be determined under Seattle Municipal Code Section 4.68.030. B. The City's defense of a claim and its obligation to pay a judgment or settlement shall be of no force and effect if the volunteer fails or refuses to cooperate fully and assist in the City's defense of the claim. C. To the extent that the City makes payment on a claim for the benefit of the volunteer, the City will succeed to rights and claims of the volunteer against others, who may be responsible in whole or in part for the damages or injury. D. When the volunteer is a spouse or a member of the immediate family of a department head or the department head is disqualified or declines to make the determination contemplated by Section 4.64.100 A, the City Attorney will make the determination for the City. E. The City Attorney may retain counsel to represent the volunteer rather than undertake the representation through the Law Department. F. Section 4.64.100 does not apply to prosecutions to enforce criminal or civil penalties for violations of law or City ordinances. (Ord. 112997 § 2, 1986.)

Source: City of Seattle, Seattle Municipal Code and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/wa/seattle/codes/municipal_code?nodeId=TIT4PE_CH4.64DEOFEMFetched: 11/1/2026