Punitive damages.
Seattle Mun. Code § 4.64.017
in effect4.64.017 - 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.)
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_CH4.64DEOFEM_4.64.017PUDAFetched: 11/1/2026