Resolution 3273 - Liability Exposure of City OfficersRESOLUTION NO. 3273
A RESOLUTION TO ADOPT AND APPLY TO THE CITY THE PROVISIONS OF TITLE
2, CHAPTER 9, PART 1, M.C.A., RELATING TO LIABILITY EXPOSURE OF CITY
OFFICERS AND EMPLOYEES.
WHEREAS, certain of the City's officers and employees, have,
from time to time, been exposed to civil liability for acts performed
or omitted in the course of their official public duties; and
WHEREAS, it is the desire of the City Council to express its
will and intent in relation to the actual or potential civil liability
of its officers and employees acting within the scope of their authorit
in good faith;
NOW THEREFORE, the Council of the City of Kalispell does adopt
and apply to the City the provisions of said Title 2, Chapter 9,
Part 1, Montana Code Annotated,
It is the further intent of the City Council that it shall be
the duty of the City Attorney to provide its officers and employees
with legal defense of any action or suit at law brought against such
an officer or employee, where such a defense is not provided by
insurance coverage therefor; provided, however, that such officer or
employee may employ his own legal counsel for such defense if he so
wishes, but no costs therefor shall be paid by the City.
It is the further intent of the City Council, that if the Council
shall determine that any act or omission by an officer or employee
which is the subject of a suit or claim against such officer or employee,
was not within the scope of employment of such officer or employee,
or was not performed or omitted in good faith, or that same was or
is alleged to have been with malice or corruption, that the City shall
not provide such legal defense and shall so notify the said officer
or employee promptly in writing of such determination.
The City need not assume any liability for the exposure to li-
ability or the defense therefrom of any City officer or employee
unless such person shall have promptly notified the mayor in writing
of all pertinent facts of the happening of any incident that could
reasonably have been foreseen would become the basis of a suit or
claim against such person or the City. Failure of any such officer
or employee to furnish the Mayor and City Attorney with copies of any
formal complaint and summons concerning a claim for damages and/or
compensation against such person within two days after service of
such process upon him therefor, shall be a waiver of liability for
and defense of such action by the City,
Nothing herein shall preclude the City from employing other legal
counsel to assist the City Attorney in the defense of any such action
and the costs of said suit and expense of such additional legal coun-
sel shall be a proper item of general expense of the City chargeable
to the budget of the department within which such official or em-
ployee is employed.
Nothing herein shall be construed as a waiver by the City or of
its officers or employees of any right or defense granted by any law
of the State of Montana or the United States.
PASSED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, AND APPROVED BY
THE MAYOR THIS 7th DAY OF JANUARY 1980
Norma E. Happ, Mayor
ATTEST:
Marjoriq Giermann, City Clerk
I, the undersigned, City Clerk of the City of Kalispell certify that the foregoing is a true
copy of the Resolution duly passed by the City Council of the City of Kalispell, Montana at
a regular meeting held January 7, 1980
Cilt-y-vierk of the City of Kalispell