§ 2-201. Definitions.

The following definitions, words, terms and phrases, when used in this division shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

City: The City of Glendale, Arizona, including elected officials, members of boards and commissions, employees and supervised volunteers while performing duties for the city within the scope of employment.

City attorney: City attorney or designee.

City manager: City manager or designee.

City risk manager: City risk manager or designee.

Claim: Any insured claim, liability claim, personal injury claim or property claim as defined herein.

Claim costs: Any internal or external cost or expense, property damage costs incurred by the city for any claim against the city, covered corporation, city, a covered corporation, a covered city entity or a covered individual including claim adjustment costs, appraisals, contractual services costs, legal defense costs, attorneys' fees and costs, and judgments awarded against the city.

Covered city entity: Any board, commission, committee, subcommittee, agency, trust, authority or joint powers authority created by city charter provision, city ordinance, resolution, or other formal action of the city council for the exclusive benefit of the city as a public municipality.

Covered corporation: Any corporation, partnership, or limited liability company created for the purpose of assisting the city in capital acquisitions and other exclusively municipal purposes.

Covered individual: Any individual falling within the following classes on the date of loss or the date a claim against the city arises:

(1)

Any elected official of the city;

(2)

Any individual appointed to any city entity or any member of a board of a covered corporation;

(3)

Any employee of the city, including any officer of the city, carried on the city payroll and subject to city personnel rules, whether full-time, part-time, permanent or short-term;

(4)

Any individual contracting to perform services for and on behalf of the city and regularly performing such services on city property or city controlled sites and performing such services under the continuing, actual direction and control of an individual described in subsection (1), (2) or (3) of this definition; or

(5)

Any individual who, at the time and place of the occurrence, event, act or omission alleged to have formed the basis of any claim, was acting as a volunteer for or on behalf of the city, with the knowledge and approval of the city, and further who was at such time and place acting under the actual direction and control of an individual described in subsection (1), (2) or (3) of this definition.

Deductibles: Any claim covered by insurance, but subject to a deductible will be covered by the risk management trust funds.

Employment practice liability: Any claim or lawsuit by a past or present employee of the city, or an applicant for employment with the city, arising out of wrongful employment or hiring practices. Employment practices liability shall include legal actions, brought under state, local or federal law, whether common or statutory, and complaints to the United States Equal Employment Opportunity Commission and the Arizona Attorney General, and may include, but shall not be limited to, allegations of violations of the following federal laws, as amended, including but not limited to, regulations promulgated thereunder.

(1)

Americans with Disabilities Act of 1992 (ADA);

(2)

Civil Rights Act of 1991;

(3)

Age Discrimination in Employment Act of 1967 (ADEA), including the Older Workers Benefit Protection Act of 1990;

(4)

Title VII of the Civil Rights Law of 1964; as amended (1983), including Pregnancy Discrimination Act of 1978;

(5)

Civil Rights Act of 1866; Section 1981; and

(6)

Fifth and Fourteenth Amendments of the U.S. Constitution.

Finance department director: Finance department director or designee.

Insured claim: Any claim that falls within the coverage provisions of any insurance policy that indemnifies the city, covered corporation, covered city entity, a covered corporation, a covered city entity, or covered individual; or a claim for damage to city-owned property that falls within the coverage of a first-party commercial property insurance policy.

Liability claim: Any claim or demand, including any legal action and counter demand or counter claim in the nature of a tort or employment law claim, made by any person or entity for the payment of money damages for which the city self-insures through the risk management trust fund. The following types of claims are excluded from the definition of liability claim and are not to be paid out of the risk management trust fund:

(1)

Claims or punitive damages arising out of the willful violation of a penal statute or ordinance;

(2)

Claims arising out of acts of bad faith and/or fraud committed by or at the direction of an individual with affirmative dishonesty or actual intent to deceive or defraud;

(3)

Claims which are covered by a valid insurance policy or which shall be deemed uninsurable under law;

(4)

Any claim based upon an individual gaining in fact any personal profit or advantage to which they were not legally entitled;

(5)

Inventory shrinkage and damages to city property that has customarily been repaired by city employees;

(6)

Lost wages not covered under the workers compensation laws of the state or any other state;

(7)

Any demand based solely on the assertion of a claim with the jurisdiction of the city's personnel board;

(8)

Any demand based solely on contract rights or issues;

(9)

Any demand based on taxes;

(10)

Any solely nonmonetary demand; except declaratory judgments that may be related to claims for injury or damages;

(11)

Damages as a result of loss of any property, business advantage or economic interest caused by inverse condemnation, relocation, eminent domain or by governmental action.

Personal injury claim: Injury, including consequential bodily injury or property damage arising out of: false arrest, detention or imprisonment or malicious prosecution; publication or utterance of libel or slander, including disparaging statements concerning the condition, value, quality or use of real or personal property, or publication or utterance in violation of rights of privacy; wrongful entry or eviction, or other invasion of the right of private occupancy; assault and battery committed or directed for the purpose of protecting persons or property from injury or death; or discrimination on any basis, including but not limited to: race, religion, nationality, national origin, color, creed, sex, sexual orientation, age, nature of employment, or disability.

Property: Property of every description both real and personal (including improvements, fixtures and remodeling or increasing the property value of others in the care, custody or control of the city) for which the city is liable or under the obligation to insure.

Property claim: Any claim or demand, including any legal action and counter demand or counter claim in the nature of a tort, made by any person or entity for the payment of money damages for which the city self-insures through the risk management trust fund.

Property damage costs: Any cost associated with or arising out of a physical injury to, or the complete or partial destruction of, tangible property, including the loss of use of tangible property which has not been physically injured or destroyed, provided such loss of use is caused by an occurrence for which the city is liable.

Risk management expenses: Insurance premiums, brokerage fees and costs, adjusting, appraisal, city risk manager salary and benefits, city deductibles or self-insured retentions, legal fees and costs, and defense fees and costs.

(Ord. No. 2892, § 1, 5-27-14)