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RESOLUTION NO. 2009- 14 A RESOLUTION OF THE CITY OF MOSCOW, A MUNICIPAL CORPORATION OF THE STATE OF IDAHO; PROVIDING FOR THE DEFENSE OF ACTIVITIES, CLAIMS, AND/OR LEGAL ACTIONS AGAINST CITY ELECTED PUBLIC OFFICIALS AND CITY EMPLOYEES WHERE EXISTING CITY -SPONSORED INSURANCE AND OTHER RELATED PROGRAMS SPECIFICALLY DESIGNED TO PROTECT SUCH ELECTED PUBLIC OFFICIALS AND EMPLOYEES IS VOID OR FAILS TO OFFER THE APPROPRIATE COVERAGE; PROVIDING THIS RESOLUTION TO BE EFFECTIVE UPON ITS PASSAGE AND APPROVAL. WHEREAS, it is in the interest of the City to have its elected public officials and employees perform their duties with the least amount of negative impact which results from legal activities, civil claims, or civil legal actions; and WHEREAS, it is understood that City elected public officials and City employees may be the subject of pre-litigation activities, pre-litigation civil claims, and/or civil legal action which is not covered by existing City-sponsored insurance or other related programs meant to provide appropriate coverage for City elected public officials and City employees acting within the course and scope of their employment and/or as public officers; NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of the City of Moscow as follows: SECTION 1: It is the policy of the City of Moscow, Idaho to provide legal counsel in appropriate cases for any City elected public officials and/or employees of the City for any pre-litigation activity or action or pre-litigation civil claim where it is determined by the City Supervisor, in consultation with the City Attorney, that such is reasonably likely to adversely affect the City's legal and/or financial ability to defend itself and/or City elected public officials or employees in litigation; or for any civil legal action (including claims) arising from the elected public official's or employee's duties or employment on behalf of the City. This policy applies only where existing insurance coverage or other related programs meant to provide appropriate liability coverage fail to offer the appropriate coverage to the elected public official(s) or employee(s). SECTION 2: Legal services shall be provided by legal counsel chosen by the involved elected public official(s) and/or employee(s), subject to concurrence by the Council. Where possible, such concurrence shall occur at the first City Council meeting following the related activity, claim, or legal action. The majority of the Council shall assess each case on its merits. A Council decision regarding whether or not to provide legal counsel shall set no precedent. SECTION 3: Unless delay is reasonably likely to adversely affect a legal position of the City or of an elected public official or employee covered by this policy, the Council shall set parameters for each situation based upon the facts known at the time, prior to the commencement of any activities performed by legal counsel for the individual elected public official(s) and/or RESOLUTION 2009-14 LEGAL COUNSEL FOR ELECTED PUBLIC 0FI'ICIALS AND EMPLOYEES PAGE I 0F2 ---PAGE BREAK--- employee(s) covered by this policy. Such parameters may include maximum fees and expenses, a time to review the expenses and necessity of continuing services, submission of bills to the City, responsibility of the parties involved, and any other matter relevant to this policy. Parameters set by the Council may be changed at any time but the Council shall pay for all expenses incuned as authorized up to the date such parameters change. SECTION 4: Any individual elected public official or employee has the option of contracting with legal counsel of their own choosing at their own expense without the concurrence of the City Council. Where the Council does not authorize payment for legal counsel, the elected public official(s) or employee(s) shall not be reimbursed for any legal expenses unless the Council, at their sole discretion, later agrees to do so. This Resolution replaces Resolution 83-20 and shall be in full force and effect from and after its passage and approval. PASSED AND APPROVED by the Mayor of the City of Moscow, Idaho, this 151 day of June, 2009. RESOLUTION 2009-14 LEGAL COUNSEL FOR ELECTED PUBLIC OFfiCIALS AND EMPLOYEES PAGE20f2