Sec. 2-745. - Notice to self-insurance administrator.

An officer, employee or volunteer against whom an automobile liability claim or a general liability claim is asserted shall forthwith notify the self-insurance administrator or the office of the city attorney in writing.

(1)

The notice so given shall not be deemed to make such officer, employee or volunteer an agent of the claimant for purposes of Section 10.04 of the Charter of the city or Section 8.01-222 of the Code of Virginia, nor shall it be deemed to constitute a waiver by the City of Newport News of such charter or statutory rights to notice.

(2)

The notice so given shall contain sufficient particulars to identify the officer, employee or volunteer and to determine the time, place and circumstances of the occurrence, including the names and addresses of persons injured and witnesses.

(3)

An officer, employee or volunteer of the city who is served with legal process shall forthwith deliver it to the office of the city attorney.

(Ord. No. 4671-94; Ord. No. 5812-02, § 1)

Sec. 2-746. - Defense of claims.

(a)

The city attorney will defend any suit arising out of an automobile liability claim or a general liability claim, subject to the conditions set forth in this article and in accordance with the provisions of Section 10.03 of the Charter of the city and section 2-209 of the City Code, except in cases in which a defense is provided pursuant to a commercial policy of insurance.

(b)

The city will pay from the relevant self-insurance fund to retain private counsel on behalf of an officer, employee or volunteer only if by reason of conflict of interest city attorney is unable to provide a defense, or if the city attorney determines that affording a defense is otherwise impracticable. The city attorney may enter into contractual arrangements for such legal services upon such terms as to reasonable fees, reasonable services, and reasonable expenses as the city attorney may deem advisable.

(Ord. No. 4671-94)

Sec. 2-747. - Applicability to volunteers.

The provisions of section 2-746 shall apply to volunteers only to the extent that protection is unavailable through a volunteer's private insurance or other insurance providing coverage or defense.

(Ord. No. 4671-94)

Sec. 2-748. - Protection of officers void; when.

Failure or refusal to cooperate or assist in the defense or settlement of any claim, or in the conduct of suits and enforcing of rights to contribution, indemnity or subrogation, and which results in prejudice to the city, voids the protection provided herein to any officer, employee or volunteer, including the right to be provided a defense and the right to uninsured and underinsured motorist protection. To cooperate or assist includes giving the notices required by section 2-745, attending hearings and trials, assisting in securing and giving evidence, obtaining the attendance of witnesses, and the truthful reporting by the officer, employee or volunteer of all facts known to him or her about the occurrence.

(Ord. No. 4671-94)

Sec. 2-749. - Payment of money in settlement.

The power of city council to authorize payment of money in settlement of legal disputes is hereby delegated as follows:

(1)

The self-insurance administrator shall have discretion to authorize payments of thirty thousand dollars ($30,000.00) or less in settlement of liability claims in cases in which there is no genuine dispute of liability.

(2)

The city attorney shall have discretion to authorize payments of one hundred thousand dollars ($100,000.00) or less in settlement of liability claims of any kind.

(3)

The risk management committee shall have discretion to authorize the city attorney to authorize payments of two hundred fifty thousand dollars ($250,000.00) or less in settlement of liability claims of any kind.

(4)

The city retains the right to make such investigation and settlement of claims and suits as it deems expedient, even in cases where private counsel has been retained.

(5)

All monetary payments authorized as herein provided from the self-insurance funds will be made by the self-insurance administrator.

(Ord. No. 4671-94; Ord. No. 5812-02, § 1; Ord. No. 6235-06)

Sec. 2-750. - Article deemed declarative of existing legal obligations.

The provisions of this article are considered to be and are hereby deemed to be declarative of existing legal obligations and practices of the city, except for the dollar limits contained in section 2-749. References to provisions of the Code of Virginia, the City Charter and the City Code shall be deemed to refer to said provisions as they exist at the time of the adoption hereof and as they may hereafter be amended from time to time. Nothing contained in this article is intended to be nor shall it be construed as a waiver or abrogation of such sovereign or governmental immunity as may be enjoyed by the city or by any officer, employee or volunteer thereof.

(Ord. No. 4671-94)

Sec. 2-751. - Definitions generally.

For purposes of this article:

(1)

City means the City of Newport News and any entity which the city attorney is empowered to represent pursuant to Section 10.03 of the City Charter.

(2)

Officer, employee or volunteer means any person who at the time of the occurrence was engaged in the performance of official duties on behalf of an entity which the city attorney is empowered to represent pursuant to Section 10.03 of the City Charter. For purposes of division 1 and division 3 of this article XXXVI, officer, employee or volunteer includes any person who at the time of the occurrence was engaged in the performance of official duties on behalf of a constitutional officer of the city, but only with respect to automobile liability claims described by section 2-725(1); no such person shall be deemed to be an officer, employee or volunteer with respect to automobile liability claims described by section 2-725(2) or for purposes of division 2 of this article XXXVI.

(3)

Risk management committee means the committee authorized to be created by Resolution 1932 (adopted January 12, 1976).

(4)

Commercial policy of insurance means a policy of insurance purchased by the city from an entity licensed by the Commonwealth of Virginia to engage in the business of selling insurance.

(Ord. No. 4671-94; Ord. No. 5676-01; Ord. No. 6621-09)