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 he may be sued by reason of, or as the result of, the performance in good faith of his or her 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 his or her 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 him or her; 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.