1. In the event of any incident or course of conduct potentially giving rise to a claim for damage, or the commencement of a suit, the official, employee or volunteer involved shall, as soon as practicable, give the city attorney and city manager written notice thereof, identifying the official, employee or volunteer involved, all information known to the official, employee or volunteer with respect to the date, time, place and circumstances surrounding the incident or conduct giving rise to the claim or lawsuit, as well as the names and addresses of all persons allegedly injured or otherwise damaged thereby, and the names and addresses of all witnesses.

2. An official, employee or volunteer shall promptly give notice to the city manager and city attorney of his or her request for defense and indemnification from a claim or action upon receipt of any claim, demand, notice or summons or other process arising out of conduct described in subsection 1 of this section. The official, employee or volunteer may make a request for defense and indemnification at any time after it is reasonably believed that a claim and/or lawsuit will be filed. The city manager and city attorney shall provide copies of such notice to the City Council as well as any determination as to whether a defense shall be provided under the terms of this chapter.

3. Upon receipt thereof, the official, employee or volunteer shall promptly deliver any claim, demand, notice or summons or other process relating to any such incident or conduct to the city attorney, and shall cooperate with the city attorney or an attorney designated by the city, and, upon request, assist in making settlement of any suit and enforcing any claim for any right of subrogation against any persons or organizations that may be liable to the city because of any damage or claim of loss arising from said incident or course of conduct, including, but not limited to, rights of recovery for costs and attorneys' fees arising out of state or federal statute upon a determination that the lawsuit brought was frivolous in nature.

4. Such official, employee or volunteer shall attend interviews, depositions, hearings and trial and shall assist in securing and giving evidence and obtaining attendance of witnesses all without any additional compensation to the official, employee or volunteer and, in the event that an employee has left the employ of the city, no fee or compensation shall be provided.

5. Such official, employee or volunteer shall not accept nor voluntarily make any payment, assume any obligation, or incur any expense relating to said claim or suit; other than for medical first aid to others at the time of any incident or course of conduct giving rise to any such claim, loss or damage. Nothing herein shall be deemed to preclude any official, employee or volunteer from retaining an attorney to represent his/her interests relating to such claim or lawsuit, subject to the provisions of VMC Section 2.46.070; however, all costs and expenses incurred thereby shall be paid by the official, employee or volunteer. (Ord. M-3912 § 3, 2009; Ord. M-3179 § 6, 1995)