City of Creve Coeur, MO
St. Louis County
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Table of Contents
Table of Contents
[R.O. 2008 §2-131; Ord. No. 1412 §3, 9-10-1990; Ord. No. 5045 §1, 6-9-2008; Ord. No. 5091 §1, 6-22-2009; Ord. No. 5116 §1, 11-23-2009; Ord. No. 5193 §§1 — 2, 5-23-2011; Ord. No. 5252 §1, 6-11-2012]
A. 
The Personnel Procedures Manual, as previously adopted and amended, is hereby further amended and restated by adopting the new version dated August 26, 2019, contained in Exhibit A, as amended effective August 26, 2019, which is on file in the City offices and incorporated herein by this reference.
[Ord. No. 5384 §1, 8-11-2014; Ord. No. 5443 §1, 10-26-2015; Ord. No. 5545 §1, 9-25-2017; Ord. No. 5567, 2-12-2018; Ord. No. 5594, 6-25-2018; Ord. No. 5644, 6-24-2019; Ord. No. 5659, 9-23-2019]
B. 
Amendments in Section 10.5 pertaining to holiday bonus pay for Police Captains and Lieutenants shall not become effective until November 15, 2011. Police Captains and Lieutenants shall receive holiday bonus pay for all City holidays through November 15, 2011 provided the eligibility requirements set forth in Section 10.5 for other Police Officers are satisfied.
C. 
A supplement to the City's Personnel Procedures Manual is hereby adopted, as set forth in Exhibit B, held on file in the City offices, to increase the City Administrator's authority and to address issues concerning employee leave during the COVID 19 Pandemic and the U.S. Families First Coronavirus Response Act. In the event of a conflict between the provisions of this supplement and the other provisions of the Manual, the provisions of the supplement shall prevail. Absent further action by the City Council, this supplement shall remain in effect until the end of the Pandemic in the St. Louis area, as determined by the City Council by resolution.
[Ord. No. 5689, 3-23-2020]
[Ord. No. 5377 §1, 6-23-2014]
A. 
The City shall, in accordance with this Section, indemnify any person who is made a party or is threatened to be made a party to any proceeding, whether civil, criminal, administrative or investigative, including an action by or on behalf of the City, related to their performance of duties as an elected or appointed official, officer, employee or agent of the City, or their performance of duties at the nomination of the City as an official, officer, employee or agent of another public entity or other enterprise. Such indemnification shall cover all expenses, including attorneys' fees, judgments, fines and amounts paid in settlement, actually and reasonably incurred by such person in connection with such proceeding, but other than as to any applicable deductible, only after exhaustion of available insurance.
B. 
To be eligible for indemnification under this Section, a person must have acted in good faith and in a manner he or she reasonably believed to be in the best interests of the City, and, with respect to any criminal action or proceeding, the person must have had no reasonable cause to believe his or her conduct was unlawful. Further, the person must have provided prompt written notice to the City Administrator and City Attorney of the underlying claim(s), so as not to have prejudiced the interests of the City by any delay.
C. 
The City shall not, pursuant to this Section, indemnify a person regarding any claim as to which such person shall have been adjudged to be liable for negligence or misconduct in the performance of his or her duties to the City except to the extent that the authority before which the claim was brought determines that despite the adjudication of liability and in view of all the circumstances of the case and the provisions of this Section, the person is fairly and reasonably entitled to indemnity for some or all of such expenses.
D. 
The City shall not, pursuant to this Section, indemnify any person from or on account of conduct finally adjudged to have been malfeasance, fraud, deliberate dishonesty or willful misconduct. The City also shall not, pursuant to this Section indemnify any person for punitive or exemplary damages.
E. 
Except as otherwise determined by an authority pursuant to Subsection (C) of this Section, the City shall not indemnify any person under this Section if a determination is made that indemnification of that person would be contrary to the purposes of the applicable standards of conduct set forth in this Chapter. Any such determination that the City will not indemnify the person shall be made by the City Council by resolution, or if a quorum is not obtainable due to conflict of interest or the City Council so directs, by the City Attorney or special legal counsel in a written opinion.
F. 
Pursuant to this Section, the City shall pay expenses reasonably incurred by a person who may be eligible for indemnification hereunder, in defense of a civil or criminal action proceeding in advance of the final disposition of the proceeding as follows:
1. 
If there is no applicable insurance coverage, or if applicable insurance coverage is only potentially available by reimbursement upon conclusion of the proceeding, then up to the first ten thousand dollars ($10,000.00) shall be paid by the City and any additional amounts shall only be paid as directed by the City Council by resolution.
2. 
If there is applicable insurance coverage such that payment from the insurer will be made in advance of the conclusion of the proceeding, then payments up to the amount of any deductible shall be made by the City and any additional amounts shall only be paid as directed by the City Council by resolution.
3. 
In a resolution authorizing such additional payments in advance of final disposition, the City Council shall require the elected or appointed official, officer, employee or agent to provide a written promise to repay such amounts upon demand from the City Council acting by resolution, with reasonable and adequate security under the circumstances presented, provided that such promise shall be released if it shall ultimately be determined that the person is entitled to be indemnified by the City pursuant to this Section.
4. 
All funds paid by the City shall be repaid on demand from the City Council acting by resolution by the elected or appointed official, officer, employee or agent if it shall ultimately be determined that the person is not entitled to be indemnified by the City as authorized in this Section.
G. 
Indemnification and defense funds provided pursuant to this Section shall not be deemed exclusive of any other rights or available remedies under any other provision of law or any agreement, or vote of Council members.
H. 
Indemnification and payment of defense funds pursuant to this Section shall continue and/or apply after a person has ceased to be an elected or appointed official, officer, employee or agent of the City, and rights hereunder shall inure to the benefit of the heirs, executors and administrators of such a person, but shall not otherwise be assignable or subject to claims of third parties. The City does not waive any immunity or defense as to third party claims.
I. 
The City may purchase and maintain insurance on behalf of any person for serving as an elected or appointed official, officer, employee or agent of the City, or for serving at the nomination of the City as an official, officer, employee or agent of another public entity or other enterprise, against any liability arising out of such status.
J. 
In order to be eligible for indemnification under this Section, a person must reasonably defend against the claim(s), accept and cooperate with any defense counsel assigned by the City, and cooperate with any insurance carriers and defense counsel assigned thereby as necessary to preserve any applicable coverage, and must assign to the City any insurance or other benefits otherwise receivable by him or her that would be duplicative of payments made hereunder.
K. 
For purposes of this Section, the term "other enterprise" shall include employee benefit plans; the term "fines" shall include any excise taxes assessed on a person with respect to an employee benefit plan; and the term "service at the nomination of the City" shall include any service as an official, officer, employee or agent which imposes duties on, or involves services by, such person with respect to an employee benefit plan of the City, its participants, or beneficiaries; and a person who acted in good faith and in a manner he or she reasonably believed to be in the interest of the participants and beneficiaries of an employee benefit plan shall be deemed to have acted in a manner "in the best interests of the City" as referred to in this Section.
L. 
This Section does not, and shall not be construed to waive any immunity or defense that may be available to any current or former elected or appointed official, officer, employee or agent of the City.