Except as hereinafter provided, the City of Corbin City, hereinafter
known as the City, shall upon the request of any present or former
official, employee or appointee of the City provide for indemnification
and legal defense of any civil action brought against said person
or persons arising from an act or omission falling within the scope
of their public duties.
The terms of this Ordinance and the definition of official,
employee and appointee are to be construed liberally in order to effectuate
the purposes of this ordinance except that these terms shall not mean
a) any person who is not a natural person; b) any person while providing
goods or services of any kind under any contract with the City except
an employment contract; c) any person while providing legal or engineering
services for compensation unless said person is a full-time employee
of the City; and d) any person who as a condition of his or her appointment
or contract is required to indemnify and defend the City and/or secure
insurance.
The City shall provide for defense of and indemnify any present
or former official, employee or appointee of the City who becomes
a defendant in a civil action if the person or persons involved a)
acted or failed to act in a matter in which the City has or had an
interest; b) acted or failed to act in the discharge of a duty imposed
or authorized by law; and c) acted or failed to take action in good
faith. For purposes of this ordinance, the duty and authority of the
City to defend and indemnify shall extend to a cross-claim or counterclaim
against said person.
The City shall not indemnify any person against the payment
of punitive damages, penalties, or fines, but may provide for the
legal defense of such claims in accord with the standards set forth
herein. The City may refuse to provide for the defense and indemnification
of any civil action referred to herein if the City determines that
a) the act or omission did not occur within the scope of a duty authorized
or imposed by law; b) the act or failure to act was the result of
actual fraud, willful misconduct or actual malice of the person requesting
defense and indemnification; or c) the defense of the action or proceeding
by the City would create a conflict of interest between the City and
the person or persons involved.
In any other action or proceeding, including criminal proceedings,
the City may provide for the defense of a present or former official,
employee or appointee, if the City concludes that such representation
is in the best interest of the City and that the person to be defended
acted or failed to act in accord with the standards set forth in the
ordinance.
Whenever the City provides for the defense of any action set
forth herein and as a condition of such defense, the City may assume
exclusive control over such representation of such persons defended
and such person shall cooperate fully with the City.
The City may provide for the defense pursuant to this ordinance
by authorizing its attorney to act in behalf of the person being defended
or by employing other counsel for this purpose, or by asserting the
right of the City under any appropriate insurance policy that requires
the insurer to provide defense.