[HISTORY: Adopted by the Mayor and Council
of the City of College Park 12-26-1978 by Ord. No. 78-O-9; amended in its entirety 4-13-1982 by Ord. No.
82-O-4. Subsequent amendments noted where applicable.]
[Amended 9-10-1991by Ord. No. 91-O-22; 12-10-1991 by Ord. No.
91-O-24]
As used in this chapter, the following terms
shall have the meanings indicated:
Includes all members of any board, commission or committee
appointed by the Mayor and/or Mayor and Council or by the City Manager.
Includes all salaried employees of the City other than those
persons falling within the definition of "City official."
Includes the Mayor and Council, the City Manager, all department
heads, the City Attorney and the City Clerk.
Nothing contained herein shall constitute a
waiver by the City in its own behalf or by any City official, City
employee or member of any board, commission or committee of the defense
of sovereign immunity or governmental immunity, by whatever name known,
or of the defense of statute of limitations or of any other defense
in any suit or claim brought against any City official, City employee
or member of any board, commission or committee.[1]
[1]
Editor's Note: See Brady vs. Mayor and City
Council, Laurel, 392A2d89 (1978) and Manel vs. New York City Department
of Social Services, 56 L. Ed. 2d611 (1978)
The City shall hold harmless and pay on behalf
of any City official, City employee or any member of any board, commission
or committee all sums which such official, employee or member of any
board, commission or committee becomes obligated to pay by reason
of the liability imposed upon such official, employee or member of
any board, commission or committee by law if the official, employee
or any member of any board, commission or committee, at the time of
the incident or occurrence giving rise to such liability, was acting
within the scope of his or her duties or office for the City and this
incident or occurrence arose out of such duties or office. It shall
also be the duty of the City to provide the defense, by the City Attorney
or by other counsel, in the discretion of the city, for any claim
or action arising from an assertion of liability against such official,
employee or member of any board, commission or committee while acting
within the scope of his or her duties or office for the city. The
indemnification and/or defense herein provided for shall not be available
to one who willfully and intentionally disregards the instructions
or directions issued by the Mayor and Council or intentionally disregards
the instructions and/or orders of his or her supervisor.
The indemnification and defense provided for in § 27-3 shall only attach and become available after all other insurance for such indemnification or defense has been exhausted.
The effective date of this chapter shall be
retroactive to December 1, 1975.
