Los Angeles Municipal Code Art. 1 Self Insurance by the City for Officers and Employees

Section 11.36 The City to Pay Damages on Behalf of Officers and Employees. 11.37 “Official Duties” Defined. 11.38 Conditions Precedent to Payment. 11.39 City Attorney to Determine Whether the City Attorney Shall Represent the Officer or Employee. 11.40 Report to Council. 11.41 Limitation on Amount to Be Paid. 11.42 Subrogation of City to Right of Recovery. 11.43 Applicability of Article. 11.44 No Liability Created by Article.

The City of Los Angeles shall pay on behalf of any officer or employee of The City of Los Angeles except those in Department of Airports,

Harbor and Water and Power all sums which any such officer or employee shall become legally obligated to pay as damages because of:

(a) Bodily injury, sickness of disease, including death, at any time resulting therefrom, sustained by any person, or

(b) Injury to or destruction of property, including the loss of use thereof, or

(c) Illegal confinement or detention, caused by or arising out of the performance in good faith of the official duties or any such
officer or employee.

SECTION HISTORY

Based on Ord. No. 119,869.

Sec. 11.37. “Official Duties” Defined.

“Official duties”, as used in this article shall mean and include acts done pursuant to authority conferred by law or within the scope of employment or in relation to matters committed by law to the officer or employee’s control or supervision or committed to the department or office under whose authority the officer or employee is acting, whether or not there be negligence in the doing of such acts. Where there is willful misconduct or lack of good faith in the doing of any such acts the same shall not constitute the performance in good faith of the official duties of any officer or employee of The City of Los Angeles within the operation or effect of this article.

SECTION HISTORY

Based on Ord. No. 119,869.

No payment shall be made pursuant to Section 11.36 hereof except under the following conditions:

(a) Whenever an officer or employee of the City of Los Angeles has cause to believe that such officer or employee may be sued by

reason of, or as the result of, the performance in good faith of their official duties, such officer or employee shall promptly file with the City Attorney a written notice of the act performed or the occurrence which gives rise to such belief, containing a statement of the facts and circumstances thereof, including names and addresses of persons who might bring suit, if known to such officer or employee, and the names and addresses of any witnesses if likewise so known; and

(b) Upon the receipt of any claim, demand, notice, summons or complaint the officer or employee shall promptly forward the same

to the City Attorney with a written request that the City Attorney represent such officer or employee in the matter; and

(c) The appointing authority in the case of employees and appointive officers approves the request of the employee or officer that

the City Attorney represent such employee or officer; and

(d) The officer or employee cooperates with the City Attorney and upon the request of the City Attorney attends hearings and trials

and assists in affecting settlements, securing and giving evidence, and obtaining the attendance of witnesses. However, such officer or employee shall not, except at the officer’s or employee’s own cost, voluntarily make any payment, assume any obligation or incur any expense in connection therewith; and

(e) The officer or employee consents to and concurs in any compromise or settlement of the claim or suit against the officer or

employee; and

(f) The City Council finds and determines that the claim, demand or suit against the officer or employee arises out of or involves

the performance in good faith of the official duties of the officer or employee involved.

SECTION HISTORY

Based on Ord. No. 119,869.

Whenever the City Attorney receives from any officer or employee any claim, demand, notice, summons or complaint with such officer or employee’s request for representation by the City Attorney with the approval of the appointing authority as provided in Subdivisions (b) and (c) of Section 11.38 hereof, the City Attorney shall determine whether or not the City Attorney should represent the officer or employee as requested, and if the City Attorney determines that the City Attorney should represent such officer or employee in the matter or suit, the City Attorney is hereby directed by the Council to defend such officer or employee pursuant to Section 272 of the Charter.

SECTION HISTORY

Based on Ord. No. 119,869. Amended by: Ord. No. 129,321; Ord. No. 129,321; Ord. No. 154,322, Eff. 10-6-80; Ord. No. 173,306, Eff. 6-30-00, Oper. 7-1-00.

If the City Attorney determines that the City Attorney should not represent such officer or employee as provided in Section 11.39 hereof, the City Attorney shall promptly transmit to the Council a report on the matter, together with the City Attorney’s reasons for declining to represent such officer or employee as requested and the Council shall promptly determine the matter. Pending such determination by the Council, the City Attorney shall represent any officer or employee making request therefor which has been approved by the appointing authority as provided in Section 11.39 hereof.

SECTION HISTORY

Based on Ord. No. 119,869. Amended by: Ord. No. 129,321.

In the event an officer or employee has valid and collectible insurance covering or protecting against liability as provided for by this article, payment under this article is limited to amounts in excess of the limits of such insurance.

SECTION HISTORY

Based on Ord. No. 119,869.

No payment shall be made by The City of Los Angeles pursuant to this article unless The City of Los Angeles be subrogated to all rights of recovery therefor against any person, firm, corporation, organization or association and unless the officer or employee on whose behalf payment is made executes and delivers to The City of Los Angeles instruments and papers and does whatever else is necessary to secure such rights to The City of Los Angeles.

SECTION HISTORY

Based on Ord. No. 119,869.

This article shall not apply to any liability which may be insured against under the provisions of Division 4 of the Labor Code of the State of California. This article shall not relieve any officer or employee from securing and keeping in force the insurance required to be provided by Ordinance No. 86,626, or any amendment thereof, governing the use of privately owned automobiles by officers or employees within the scope and course of their public duties.

SECTION HISTORY

Based on Ord. No. 119,869.

This article does not create any liability on behalf of The City of Los Angeles or give a right of action by any person. firm or corporation against The City of Los Angeles except officers and employees of said City who have complied with each and every provision, term and condition of this article.

SECTION HISTORY

Based on Ord. No. 119,869.