At the request of an officer or employee of the City and upon his compliance with the provisions of §
35-30, the City shall provide for his defense in any civil action or proceeding in any state or federal court, including actions under 42 U.S.C. §§ 1981 through 1988, arising out of any alleged act or omission which the Corporation Counsel finds occurred while the officer or employee was acting within the scope of his public employment and in the discharge of his duties and was not in violation of any rule or regulation of the City at the time the alleged act or omission occurred. The duty to defend shall not arise where the Corporation Counsel determines that the injury or damage complained of was the result of the intentional wrongdoing or recklessness of the officer or employee.
The City shall indemnify and save harmless its officers and
employees in the amount of any judgment, including attorneys§ fees,
obtained against them in any state or federal court, provided that
the act or omission from which such judgment arose occurred while
the officer or employee was acting within the scope of his public
employment and in the discharge of his duties and was not in violation
of any rule or regulation of the City at the time the alleged damages
were sustained. The duty to indemnify and save harmless prescribed
by this section shall not arise where the injury or damage resulted
from intentional wrongdoing or recklessness on the part of the officer
or employee.
In the event that the act or omission upon which the court proceeding
against an employee is based was or is also the basis of a disciplinary
proceeding against the employee, representation by the Corporation
Counsel and indemnification by the City may be withheld:
A. Until such disciplinary proceeding has been resolved; and
B. Unless the resolution of the disciplinary proceeding exonerated the
employee as to such act or omission.
The provisions of this article shall apply to all actions and
proceedings pending upon the effective date thereof or thereafter
instituted.