Council committee advances ordinance amendment to indemnify municipal hearing officer

The Lawrence City Council ordinance committee voted May 19 to send to the full council an amendment to Ordinance 016-150 that would add explicit indemnification for the municipal hearing officer, an independent attorney who hears citizen appeals of parking and other municipal tickets.

City Attorney Tim Hooton told the committee that the municipal hearing officer is not a city employee but an independent contractor who typically works one night a week to hear appeals. Hooton said the city charter contains a general indemnification clause for city lawyers but that the language may not clearly extend to a contracting hearing officer. He said the last lawyer who held the position withdrew after confirming his malpractice insurer would not provide coverage without an express indemnification provision.

"What I'm asking is for this particular ordinance that we add the indemnification the same as any other lawyers," Hooton said, explaining the amendment would keep the contractor "under basically the umbrella of the city" for actions taken while performing city duties.

Councilors asked clarifying questions about pay and coverage. Hooton said the proposed change provides indemnification for acts done for the city; there was no salary or additional pay associated with the role. Councilors confirmed the position typically requires two to three hours, one night a week.

After discussion the committee voted unanimously to send the ordinance amendment to the full council with a favorable recommendation.

What happens next: The amendment will appear on the full city council agenda for a final vote and any further legal or drafting edits the council requests.