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(A) Persons eligible under § 35.181 shall be represented by the Jefferson County Attorney’s Office when a claim is made against them as individuals for money damages, for personal injury, or property damages resulting from the good faith performance of their official duties, whether suit may or may not be pending on the claim at that time, even if the claims arise from acts performed by the person prior to the passage of this subchapter, and even if the claim is not presented until the person has left the position currently held.
(B) If a settlement of a claim is made or a judgment is rendered against a person eligible under § 35.181 above and that person was either represented by the Jefferson County Attorney’s Office or represented by private counsel with the prior written approval of the Jefferson County Attorney’s Office, that settlement or judgment shall be paid by the Metro Government from the Judgment and Claims Account in accordance with the procedures, discretion, and determination vested in the Jefferson County Attorney’s Office.
(1999 Lou. Code, § 36.162) (Lou. Ord. No. 139-1977, approved 11-25-1977; Lou. Metro Am. Ord. No. 271-2007, approved 12-6-2007)
The benefits of this subchapter shall not accrue if the Jefferson County Attorney’s Office determines a claim is the result of an act by a person otherwise eligible under § 35.181 which was:
(A) Out of the scope of the employment or authority of the person;
(B) A willfully negligent or malicious act of the person; or
(C) Performed against the advice of counsel.
(1999 Lou. Code, § 36.163) (Lou. Ord. No. 139-1977, approved 11-25-1977; Lou. Metro Am. Ord. No. 271-2007, approved 12-6-2007)
EMPLOYEE MEMBERSHIP IN RACIST/HATE ORGANIZATIONS
(A) No Metro Government employee may participate in and promote the illegal activities of racist/hate groups known to advocate racial or religious inequality through illegal or violent means.
(B) No Metro Government employee shall permit his or her personal prejudice to impact adversely his or her job performance or relationships with the public to be served.
(C) No Metro Government employee who takes an oath of office, including but not limited to police officers, shall take an oath of membership of any organization which membership oath conflicts with the oath of office sworn to by such employee.
(D) By means of explanation, but not limitation, a membership oath is deemed to conflict with an employee's oath of office if such membership oath requires the employee to engage in, or fail to report when he or she has knowledge of, any illegal activities, including illegal acts of violence directed against persons of a different race, color, ethnic origin, or religion.
(E) This subchapter shall be in addition to any other ordinance, resolution, rule, regulation, or personnel guideline governing the behavior or conduct of Metro Government employees.
(1999 Lou. Code, § 36.200) (Lou. Ord. No. 336-1985, approved 12-16-1985; Lou. Metro Am. Ord. No. 108-2006, approved 6-30-2006)
(A) When information or allegations are received demonstrating the possibility that an employee has violated § 35.190(B) or participated in or promoted the illegal activities of such an organization in violation of the provisions of § 35.190, or the possibility that an oath-taking employee has taken an oath of membership of an organization, which membership oath conflicts with the oath of office sworn to by such employee in violation of the provisions of § 35.190, a systematic inquiry will be conducted by a Committee of at least three Council members appointed by the President of the Metro Council under such guidelines as they may establish and with such assistance as they may request from any appropriate metropolitan agency or member of the public. If the Committee determines that a violation of this subchapter has occurred, the Committee shall report its findings to the Mayor and Louisville/Jefferson County Director of Human Resources for appropriate action.
(B) Any person found to be in violation of § 35.190 shall be terminated subject to his or her receiving all procedural due process rights to which he or she is entitled by law or contract.
(1999 Lou. Code, § 36.201) (Lou. Ord. No. 336-1985, approved 12-16-1985; Lou. Am. Ord. No. 177-1999, approved 12-19-1999; Lou. Metro Am. Ord. No. 108-2006, approved 6-30-2006)
All members of the public who have information that a Metro Government employee is in violation of § 35.190 are requested and encouraged to report such violation in confidence to the Metro Government's Equal Opportunity Officer, who shall forward it to the Metro Council Committee designated herein.
(1999 Lou. Code, § 36.202) (Lou. Ord. No. 336-1985, approved 12-16-1985; Lou. Metro Am. Ord. No. 108-2006, approved 6-30-2006)
REPORTING CHILD ABUSE
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