[CC 1996 §100.070; CC 1981 §100.070; Ord. No. 669 §§1 — 2, 11-18-1985]
A.
In the case of any claim asserted after November 18, 1985, by anyone or any legal entity against any official or employee of the City of Breckenridge Hills, whether said official or employee is elected or appointed or otherwise retained, in which the claimant asserts that such official or employee is civilly liable for monetary damages to the claimant by virtue of any conduct, act or omission arising out of the scope and course of such official's or employee's duties to or employment by the City of Breckenridge Hills, the City of Breckenridge Hills will indemnify such official or employee for financial liability incurred thereby and provide him/her with legal defense counsel and pay the costs of defense under the following conditions and only under the following conditions.
1.
The funds and services provided by the City of Breckenridge Hills under the provisions of this Section shall be only those amounts and services which are reasonably necessary and which are in excess of any amounts or services available to the official or employee pursuant to any policy or contract of insurance which affords coverage to the official or employee under the circumstances of the claim.
2.
No liability of such official or employee will be paid by the City of Breckenridge Hills unless and until it is finally adjudicated as a liability of such official or employee by a court or tribunal of competent jurisdiction. However, notwithstanding the foregoing provision, the City Council of the City of Breckenridge Hills may, on behalf of the City, compromise, settle and pay any such claim before it is finally adjudicated if they deem such action to be in the best interests of the City of Breckenridge Hills and provided they create an appropriate written record of their authorization of the compromise and settlement.
3.
The City of Breckenridge Hills shall not indemnify any official or employee for losses or liability sustained by him/her as the result of his/her willful, wanton, spiteful or vengeful conduct, act or omission or his/her criminal conduct, act or omission or any conduct, act or omission committed by him/her in bad faith or with fraud or deceit or any conduct, act or omission which is oppressive or abusive of his/her authority or conduct in which he/she ignores his/her legal obligations or the legal rights of others which are known or ought reasonably to be known to such official or employee. Nor shall the City of Breckenridge Hills indemnify any official or employee for losses or liability sustained by him/her as the result of his/her conduct, act or omission whether or not such conduct, act or omission was otherwise lawful, if such conduct, act or omission was done with the intent to injure, damage or otherwise harm another individual without adequate justification.
4.
No payment shall be made by the City of Breckenridge Hills under the provisions of this Section which in the aggregate with all other payments previously made hereunder in the same year is in excess of ten percent (10%) of the annual budget of the City in the fiscal year of the payment. If the indemnity cannot be paid in full in a single payment without exceeding the foregoing limitation, the City shall make any partial payment consistent with the limitation and defer any additional payment to the next succeeding fiscal year.
B.
No provision of this Section is intended to, nor shall any provision hereof, be construed as a waiver or surrender of any privilege or immunity available to the City of Breckenridge Hills. No provision hereof was intended as, nor shall any provision hereof be construed as, an assumption or admission of liability on the part of the City of Breckenridge Hills for any past or future conduct, act or omission of any of its officials, agents, employees or representatives.