(a) All costs incurred by the City for the purpose of prosecuting and defending lawsuits by or against the City, other than the customary and usual expenses of the Legal Department, shall be charged against and paid by the department or agency which is primarily and substantially involved in the litigation. The City Attorney’s office shall work with the departments and agencies involved in order to ascertain responsibility and liability payments, including assessment against multiple departments and agencies on a pro rata basis, and shall make the final determination as to such liability. If any such department head or agency head feels that the final determination made by the City Attorney’s office is unjustified, the decision may be appealed to the City Manager for determination.
(b) If the City Attorney or the City Manager determines that the cost cannot reasonably be assessed against any particular department, then such costs shall be charged against and paid from the miscellaneous, nondepartmental appropriation of the general fund. The City Attorney’s office shall work with the Departments and agencies involved in order to ascertain responsibility and liability for costs, but if a department or agency head feels that the determination made by the City Attorney’s office is unjustified, the decision may be appealed to the City Manager for determination.
(c) The expenses referred to by this section shall include but shall not be limited to costs of depositions, witness fees, expert witness fees, photocopying charges, long distance telephone charges, travel expenses, court costs, printing and binding of court documents, medical tests and other discovery and evidentiary costs, premiums on bonds required by the court, and attorneys’ fees on any cases specifically assigned to private counsel. For any lawsuits involving independent agencies, including any department or agency performing proprietary functions or any agency with its own taxing authority, expenses referred to in subsection (a) of this section shall also include reasonable attorneys’ fees. (Ord. 18383 § 4, 1-25-05; Ord. 17226 § 75, 1-27-98. Code 1995 § 2-286.)
Cross References:City Attorney, TMC 2.20.070.