2.4. ERMUSR 05-10-2016 - Laserfiche WebLink

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2. Determining employees' status The LMCIT liability coverage applies to claims against an individual while within the scope of duty. Determining whether an employee's activities in a particular organization are within his or her city duties is sometimes difficult. There are a wide range of organizations that relate in different ways to city activities. Some organizations clearly have the purpose of benefiting the city; some are focused on broader public benefit, and benefit the city only indirectly if at all; others are clearly more focused on benefiting the individual,rather than the city; and many have all of these purposes in varying combinations. The city council might not have a clear idea of what activities the outside organization is engaged in or even that the employee is involved in such an organization. At the same time,though,most cities also don't want to just leave their employee hanging on his or her own if he or she is being sued; and that may lead the city after the fact to take an expansive view of what's part of the employee's duties. As a first step, it's a good idea to find out what organizations the city employees are involved in as members or officers that might arguably be considered to be city-related. The city will want to find out what the purpose of each organization is and what sorts of activities the organization is involved in. For coverage purposes, the city can make the determination of whether or not participating in a particular organization is considered to be within the employee's duties at any time either in advance or after a claim has already occurred. However, because of the potential effect on the employee (i.e., in the case where the city decides that participating in the organization is not part of the employee's job), it makes sense to make the determination in advance so as to avoid unpleasant surprises for the employee and potentially difficult decisions later for the council. Depending on the city,that determination might be made by the council or delegated to the city manager or other officer. In cases where the city determines that participation in a particular organization is not part of the city employee's city duties,the city should let LMC models,Letters to the employee know that if she or he chooses to participate in the organization, Employees for their she or he is doing so on her or his own. It is good practice to provide that Activities in Outside information to the employee in writing. Some cities may prefer to handle Organizations. those communications as a general memo to all employees covering all organizations,rather than as an individual communication to each employee. Either way is workable; the key is to make sure the employees know the city's position and understand the implications. 70