At the request of an official or employee, the city attorney or the city attorney’s designee shall investigate and defend a claim which is covered by this chapter. If that claim is deemed by the city attorney or the city attorney’s designee to be a proper claim against the official or employee, the claim shall be paid by the city as long as the following requirements are met:
A. As soon as practicable after receipt of notice of a claim, the official or employee shall give the city attorney written notice of the claim, specifying the names of the officials or employees involved, the date, time, place and circumstances surrounding the incident or conduct giving rise to the claim, the names and addresses of all persons allegedly injured, the names and addresses of owners of allegedly damaged property, and the names and addresses of all witnesses;
B. The official or employee shall cooperate with the city attorney or the city attorney’s designee and, upon request, shall assist in making settlements of any lawsuits and in enforcing any claim for subrogation against any persons or organizations that may be liable to the city because of any damages or losses arising from the incident or conduct; and
C. The official or employee shall attend interviews, depositions, hearings and trials as requested, and assist in securing and giving evidence and obtaining the attendance of witnesses.
If the city attorney determines that a claim against an official or employee is not covered by this chapter and a court of competent jurisdiction in a final judgement finds that the claim is covered by this chapter, the city shall pay the claim and reasonable attorney’s fees. (Ord. 90-23 § 1, 1990)