[Derived from Sec. 79 of Ch. III of the Charter and Ordinances, 1974]
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.
A. 
The duty to defend or indemnify and save harmless prescribed by this article shall be conditioned upon:
(1) 
Delivery to the Corporation Counsel at the office of the Law Department of the City by the officer or employee of the original or a copy of any summons, complaint, process, notice, demand or pleading within five days after he is served with such document; and
(2) 
The full cooperation of the officer or employee in the defense of such action or proceeding and in defense of any action or proceeding against the City based upon the same act or omission and in the prosecution of any appeal.
B. 
Such delivery shall be deemed a request by the officer or employee that the City provide for his defense pursuant to this article. In the event that the Corporation Council shall assume his defense and thereafter the officer or employee fails to or refuses to cooperate in the formation or presentation of his defense, the Corporation Counsel may withdraw his representation 10 days after giving written notice to the officer or employee of his intention to discontinue such representation.
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.