It is the intent and purpose of this chapter to provide for the indemnification
and defense of actions against certain public officials and employees as described
herein.
For the purposes of this chapter, unless the context clearly indicates
a different meaning, the following words and phrases shall be defined as set
forth:
INSURANCE
Coverage afforded by insurance of every kind, whether the premium
is paid by the City, the municipal official or someone on their behalf.
MUNICIPAL OFFICIAL
Any officer or official, employee, Council member, Mayor, board member
or other individual appointed or hired by the Mayor and the City Council,
whether full-time or part-time. The terms shall also include any volunteer
serving the City on the Recreation Commission or as a coach or assistant on
a team organized under the auspices of the Recreation Commission, member of
the Volunteer Fire Department or member of the Ambulance Corps. The term shall
also include any person elected by the voters to fill any position in the
City or any person subsequently appointed to fill such position.
The City shall not be required to provide any defense when the governing
body determines that:
A. The act or omission was not within the scope or incidental
to the duties of the public official.
B. The act or failure to act was the result of actual fraud,
actual malice, willful misconduct or an intentional wrong.
C. The defense of the action or proceedings is provided
for by an insurance, whether obtained by the City or by any other person or
entity.
D. Where the action has been brought by the municipality
itself against the public official, or where the action is a criminal proceeding.
E. Where the public official has failed to provide to the
City, within 10 calendar days after the time the public official is served
with any summons, complaint, process, notice, demand or pleading, the original
or a copy thereof.
F. Where the public official has failed to cooperate fully
with the defense.
With exception to §
16-6 of this chapter, which specifically provides for the appointment of attorneys on behalf of police officers, the City may provide any defense required of it under this chapter through the attorney from its own staff or by employing other counsel. The City shall in no event be responsible for the cost of attorney's fees incurred by anyone unless it shall agree, in writing, to the terms of the representation.
Whenever the City provides any defense required of it under this chapter,
the City, through counsel, may assume exclusive control over representation
of the municipal official, and such official shall cooperate fully with the
defense.
All ordinances of the City of Garfield to the extent that same are not
inconsistent with this chapter and/or the City Manager Form or Government
Law shall remain in full force and effect until modified or repealed pursuant
to law. All ordinances or parts of ordinances inconsistent herewith are hereby
repealed as to such inconsistencies.