9-100-110  Liability of city employees for certain violations.
   (a)   A city officer or employee shall be held personally liable for all amounts, including all fines, related collection costs and attorney's fees, due for final determinations of parking and standing violation notices served either upon city vehicles assigned to his possession or use or upon his personally owned automobile authorized to be used in the performance of his official duties unless:
      (1)   The officer or employee certifies that the vehicle was in use for the performance of official city business during an emergency or during an official investigation at the time of the alleged violation;
      (2)   The head of the respective city department, agency or office concludes that the statements contained in the certificate are accurate, and recommends to the budget director that the liability for the alleged violation be released; and
      (3)   The budget director approves the release of such officer or employee from personal liability for the alleged violation.
   If the budget director approves the release of personal liability for the alleged violation, the violation notice shall be withdrawn. The budget director shall submit quarterly reports to the city council, detailing by department, agency or office, the number and nature of approved releases from personal liability for parking violation notices served upon city vehicles and privately owned vehicles authorized to be used in the performance of official city business.
   To expedite enforcement of this section, where the registered owner or lessee of a vehicle served with a violation notice is the city, the traffic compliance administrator shall notify the department, agency or office to which the vehicle is assigned.
   (b)   It shall not be a defense to a compliance violation involving the personal vehicle of an officer or employee of the city that the officer or employee was using the vehicle for official government business at the time of the alleged violation. A compliance violation issued pursuant to Section 9-64-125, 9-76-160 or 9-76-220 involving a city-owned vehicle may be withdrawn pursuant to this section, if:
      (1)   The officer or employee possessing or using the vehicle at the time of the alleged violation certifies that the vehicle was in use for the performance of official city business during an emergency or during an official investigation at the time of the alleged violation;
      (2)   The head of the respective city department, agency or office concludes that the statements contained in the certificate are accurate, and recommends to the budget director that the liability for the alleged violation be released; and
      (3)   The budget director approves the release of liability for the alleged violation.
   If the budget director approves the release of liability for the alleged violation, the compliance violation notice shall be withdrawn. The budget director shall submit quarterly reports to the city council, detailing by department, agency or office, the number and nature of approved releases from liability for compliance violation notices served upon city vehicles used in the performance of official city business.
(Prior code § 27.1-11; Added Coun. J. 3-21-90, p. 13561; Amend Coun. J. 7-12-90, p. 18634; Amend Coun. J. 11-28-90, p. 26194; Amend Coun. J. 3-26-96, p. 19161, effective 1-1-97; Amend Coun. J. 12-15-99, p. 21529, § 1; Amend Coun. J. 10-28-15, p. 11951, Art. III, § 10)