As used in this chapter, the following terms shall have the meanings
indicated:
EMPLOYEE
This term is defined to mean the same as the term is used in the
City of Pleasantville Personnel Policies and Procedure Ordinance.
Any employee who receives notice of a lawsuit or threat of lawsuit or
incident that could give rise to legal action must immediately notify their
department head and the City Administrator, verbally and in writing, and follow
the procedure outlined in Section 8.6 of the city's Personnel Manual. The
notice shall contain the date, time, people involved, nature of injuries (if
any) and a detailed description of the occurrence.
The city shall have the option to:
A. Immediately provide for, at the city's expense, the defense
and any indemnification for any monetary liability incurred.
B. Provide reimbursement to the employee for defense costs
incurred if the defense is successful.
C. The city shall not pay for any punitive damage award
or provide a defense or indemnification for liability resulting from any act
committed by an employee if:
(1) The act is determined to be a willful, wanton or malicious
act/omission or an act/omission constituting actual fraud.
(2) If the act/omission committed by the employee is a crime.
(3) If the act/omission is not within the scope of employment.
The city shall not indemnify, reimburse or in any way be responsible
for the payment of punitive damages under this section.