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HomeMy WebLinkAboutRESOLUTION NO 15 09 348STATE OF GEORGIA COUNTY OF FULTON RESOLUTION NO. 15-09-348 RESOLUTION BY THE CITY OF MILTON ADOPTING A POLICY OF THE CITY OF MILTON WITH RESPECT TO THE PROVIDING OF REPRESENTATION FOR MILTON ELECTED OFFICIALS AND EMPLOYEES IN CERTAIN CIRCUMSTANCES WHEREAS, pursuant to Georgia law, a municipality has the right to defend its officials and employees in the event that any city officials or employees are the subject of litigation with respect to events, circumstances, or conditions that arise out of the scope and course of their service on behalf of the city; WHEREAS, the City of Milton provides such protection by way of a policy of liability insurance that provides liability protection for Milton elected officials, appointed officials, and employees; WHEREAS, O.C.G.A. § 45-9-21 states that in addition to a policy of insurance, a municipality is also empowered to: [A]dopt policies whereby the municipality, county, and other public body will undertake to defend all or specified civil, criminal, or quasi-criminal actions brought or maintained against members of the municipality, county, or other public body, or against supervisors, administrators, employees, or other elected or appointed municipal or county officers, arising out of the performance of their duties or in any way connected therewith, whether based upon negligence, violation of contract rights, or violation of civil, constitutional, common law, or statutory rights. WHEREAS, the statute further provides that a municipality shall not be authorized to furnish a defense to any person "charged with a criminal offense involving theft, embezzlement, or other like crime with respect to the property or money of or in which said governmental entity has an interest," however, a municipality may reimburse an individual charged with a criminal offense involving theft, embezzlement or other like crime if the individual is acquitted or the charges are otherwise dropped; WHEREAS, the statute further provides that in order to effectuate its term, a municipality may expend local funds on attorney's fees ..... and other like costs, expenses, and fees; WHEREAS, the above statute provides that the provision of a defense in such circumstances is to be accomplished by way of an adopted policy; WHEREAS, it is the intention of the City of Milton for the present Resolution to constitute that policy; and WHEREAS, the funding and provision of a defense, to include an attorney, for City elected officials, appointed officials, and employees in certain specified situations, serves the Page 1 of 1 best interest of the public health, safety, and welfare of the citizens of Milton by providing reasonable protections to City officials and employees such that they can provide service to the citizens with the knowledge that their government will support them in the event their conduct may implicate any civil, criminal, or quasi-criminal laws or regulations. NOW THEREFORE, BE IT RESOLVED by the Council for the City of Milton as follows: • The City of Milton will continue to provide the policy of liability insurance for its elected officials, appointed officials, and employees as it has done since the commencement of the City. BE IT FURTHER RESOLVED, that in addition to this liability coverage, the City Council hereby offers the following additional benefits: • If a City elected official, appointed official, or employee is the subject of an inquiry and/or investigation by a prosecutorial agency related to conduct or actions that occurred within the course and scope of that official or employee's service to the City -and upon request by that official or employee -the City of Milton will provide a City-funded attorney to represent that employee or official's interests during any such investigation. • For purposes of providing an investigatory defense, either the City Manager, the Assistant City Manager, and/or the City Human Resources Director, as it appropriate in a particular situation, shall make a determination as to whether investigation is related to conduct of an official or employee within the scope of that official or employee's service to the City. The City Manager, in order of priority, shall be empowered to make the coverage decision; but in the event that is not appropriate, the determination shall be made by the Assistant City Manager, and so forth. • No such defense shall be provided if the subject of the investigation is related to a Milton official or employee committing alleged acts of theft, embezzlement or other like crime with respect to property or money of or in which Milton has an interest. • The fees associated with the provision of an investigatory defense shall be capped at no more than $10,000 per investigation and in no event -irrespective of the number of investigations that may occur -shall an official or employee be entitled to attorney reimbursement under this policy of more than $20,000 per calendar year. • The City of Milton will not select the attorney on behalf of the official or employee, but the capped amounts set forth in this policy shall apply irrespective of the attorney selected. • That provision of such representation shall discontinue immediately if there is a warrant, indictment, or other formal manifestation that the inquiry or investigation is transitioning from an investigation into an active criminal prosecution against the City employee or official. Page 2 of 2 • A request to have funds provided under this policy shall be made to the City Manager, the Assistant City Manager, and/or the City Human Resources Director as is appropriate. The priority of individual to process an attorney fee request shall be made in a like manner in the initial coverage determination. • The City will reimburse attorney's fees , up to a capped amount per investigation of $10,000, within 30 days of receipt of an attorney invoice wherein the charges are related to such an ongoing investigation. The City shall have the right to review the attorney fee invoice submitted for purposes of confirming that the services provided were related to an investigation as contemplated by this policy. BE IT SO RESOLVED, the public health safety and welfare of the citizens of the City ofMilton demanding it, this 21st day of September, 2015. Approved: Joe Lockwood, Mayor Attest: Sudie AM Gordon, City Clerk Page 3 of 3