Title
Ordinance No. 25-46 amending Section 301 (Criminal Actions) of Part 3 (Defense of Employees) of Article 4 (City Employees) Chapter 1 (Administrative, Personnel and Finance) of the Code of the City of Colorado Springs 2001, as amended, pertaining to criminal defense
Presenter:
Wynetta Massey, City Attorney
Erik Lamphere, Employment/Litigation Division Chief
Body
Summary:
This ordinance amendment clarifies that the defense of or payment for the defense of criminal actions brought against City employees resulting from any act or omission arising out of and in the course and scope of the employee’s duties is the employee’s responsibility.
Background:
City Code § 1.4.301 authorizes the City to provide a criminal defense to employees for actions arising out of the course and scope of the employees’ duties if the employee makes a written request, a committee investigates and recommends to City Council whether it is in the City’s best interests to provide the criminal defense, and City Council makes a final, public determination.
City employees are required to report any criminal charge (regardless of whether it arose out of and in the course and scope of their City duties) to their supervisor immediately (Sworn PPM Policy # 32) or within 5 days (Civilian PPM Policy # 38). The employee may be subject to discipline if the employee pleads guilty, pleads no contest, receives a deferred sentence, and/or is found guilty of any criminal offense. If the criminal charges are dismissed or the employee is found not guilty, the City may still take disciplinary action if the employee’s action constitutes a policy violation.
In addition, criminal actions and policy violations both expose the City to risk and potential civil liability. It is inherently conflictual both to provide a criminal defense for an employee and to discipline the employee. To minimize risk exposure, avoid conflicts, and avoid any mixed messages, City Code § 1.4.301 should be amended to make clear that if a criminal action is brought against a City employee for any act or omission arising out of and in the course and scope of the employee’s duties, the employee is solely responsible for the costs of defense.
Previous Council Action:
Council has taken no previous action to amend City Code § 1.4.301.
Financial Implications:
N/A
City Council Appointed Board/Commission/Committee Recommendation:
N/A
Stakeholder Process:
N/A
Alternatives:
1. Adopt the ordinance as presented.
2. Decline to adopt the ordinance.
Recommended Action
Proposed Motion:
Adopt Ordinance No. 25-46 amending Section 301 (Criminal Actions) of Part 3 (Defense of Employees) of Article 4 (City Employees) Chapter 1 (Administrative, Personnel and Finance) of the Code of the City of Colorado Springs 2001, as amended, pertaining to criminal defense
Summary of Ordinance Language
An ordinance amending City Code § 1.4.301 to clarify that the defense of or payment for the defense of criminal actions brought against City employees resulting from any act or omission arising out of and in the course and scope of the employee’s duties is the employee’s responsibility.