Whenever an officer or employee of the City is a defendant in
any proceeding arising out of or incidental to the performance of
the officer's or employee's duties or resulting from the
officer's or employee's status as an officer or employee
of the City, and insurance coverage is unavailable, the Common Council
shall authorize the Solicitor to represent the officer or employee,
in the absence of a potential conflict of interest. If the Solicitor
shall determine that a potential conflict of interest may exist, the
Common Council may either offer the services of another attorney to
represent the officer or employee or retain an attorney selected by
the officer or employee. All reasonable defense costs, including counsel
fees, shall be paid by the City. The fee charged by the Solicitor
shall be based upon the hourly rate of remuneration set forth in the
Solicitor's professional services contract with the City. The
fee charged by an attorney other than the Solicitor shall be based
upon an hourly rate of remuneration no greater than the Solicitor's
hourly rate and shall be set forth in a duly executed professional
services contract. Furthermore, the City shall indemnify any officer
or employee from any payment, settlement or judgment wherein the officer
or employee of the City is a defendant and the actions complained
of arose out of or were incidental to the performance of the duties
of the officer or employee or resulted from the officer's or
employee's status as an officer or employee of the City.
The City shall not be required to defend or indemnify any officer
or employee unless, within 10 calendar days of the time of service
of any summons, complaint, process, notice, demand or pleading, the
officer or employee delivers the original or copy thereof to the Municipal
Clerk.