For the purposes of this chapter, the following terms shall
have the meanings indicated:
CITY OFFICERS AND EMPLOYEES
A.
Shall include the Mayor and City Council, all appointed officers
and all employees of the City.
B.
Shall include all of the members of the Board of Adjustment
and the Planning Commission.
Any current or former officer or employee who is held liable
for the payment of any claims arising out of a civil action or settlements,
judgments, expenses, costs and awards of attorney's fees arising therefrom
shall be entitled to indemnification therefor where the claim shall
have been determined by the City Solicitor, subject to the approval
of the Council, to have resulted from activities which:
B. Were done
in the reasonable belief that such activities were in the best interest
of the City and in the furtherance of the official practices and policies
of the City;
C. Were within
the scope of authority of the person so acting;
D. Were within
the course of employment of the person so acting; and
E. Were not
willful, malicious or wanton.
The City Manager is hereby authorized to enter into contracts of insurance for the indemnification of City officers and employees who are determined to be entitled thereto in accordance with §
12-3 of this chapter.
City Council may, upon resolution, authorize the payment of legal fees incurred by a City officer or employee for representation in a legal proceeding, investigation or in a criminal action, if the charge arose directly out of or in the course of City employment and if the proceeding, investigation or criminal action meets the criteria set forth in §
12-3 hereof. City Council may, within 30 days of the request for reimbursement, retain the services of an attorney to serve as Special Counsel to review the request for reimbursement and render recommendations to City Council on findings of fact and conclusions of law in accordance with Code criteria. Such recommendations shall be rendered within 120 days of Council's appointment of Special Counsel. City Council may remand questions to Special Counsel regarding Code criteria. Council shall consider the resolution at one of the next two meetings after the recommendations or after the response upon remand, whichever is later. The recommendations are not binding upon Council, whose members shall retain their ability to exercise legislative discretion in deciding whether to grant or deny the request. In no event shall any payment under this section be authorized where the officer or employee has plead, been adjudged or been found guilty, after trial and any appeal, of a crime involving a breach of public trust. Requests for reimbursement may be submitted at the conclusion of an investigation, or one year after the City Solicitor is notified of the investigation and every six months thereafter until the conclusion of the investigation and any trial, plea or appeal, and shall be considered by Council in accordance with the criteria contained in §
12-3 hereof.
An official or employee who receives a payment for outside legal services, as outlined in §
12-2, or who is reimbursed for legal fees, as outlined in §
12-5, and has plead, been adjudged or found guilty, after trial and any appeal, of any misdemeanor or felonious criminal act shall repay those funds advanced or reimbursed unless the official or employee can demonstrate to Council through an application that the officer or employee met the criteria set forth in §
12-3 hereof. Council may, upon resolution, authorize the payment of fees in such instances. In no event shall any exemption for repayment be made where the officer or employee has pled, been adjudged, or been found guilty, after trial and any appeal, of a crime involving a breach of public trust. The City Solicitor shall collect any and all legal fees that are due to the City as a result of this section, to include but not be limited to the attachment of wages and pensions, placing of liens, initiation of legal action, and/or any other civil remedies available to ensure the collection of the debt owed.