[HISTORY: Adopted by the Mayor and Council of Pocomoke City 4-21-1980 by Ord. No. 257, approved 4-22-1980 (Ch. 12 of the 1968 Code). Amendments noted where applicable.]
In this chapter, the following words have the meanings indicated:
OFFICIAL
Includes and is limited to the following persons:
A. 
Any person holding or formerly holding any elected or appointed office of the City.
B. 
Any person employed or formerly employed by the City in which there was an employer-employee relationship.
C. 
Any member of the Pocomoke City Volunteer Fire Company, Inc.
PROCEEDING
Includes any threatened, pending or completed action, suit or proceeding, whether civil, criminal, administrative or investigative.
Whenever any civil proceeding has been or shall be brought against any City official for any acts or omissions arising out of or in the course of the performance of the duties of such official, the City shall defray all costs of defending such proceeding, including reasonable counsel fees and expenses, together with the costs of appeal, if any, and shall save harmless and protect such official from any financial loss resulting from the litigation, subject to the limitation in § 25-4 of this chapter.
Whenever any criminal proceeding has been or shall be brought against any City official for any acts or omissions arising out of or in the course of the performance of the duties of such official, the City shall defray all costs of defending such proceeding, including reasonable counsel fees and expenses, together with costs of appeal, if any, provided that any such criminal action against such official or result in a final verdict of not guilty, subject to the limitation in § 25-4 of this chapter.
The City's commitment and obligation to defray the costs of litigation and to indemnify City officials shall be subject to the following limitations:
A. 
The City shall defend and indemnify an official only for those acts or omissions arising out of or in the course of the performance of the duties of that official for which the City itself would be liable under the doctrine of respondeat superior, except that the City shall defend any such official sued under the Federal Civil Rights Act, as amended.
B. 
The City shall not defend and save harmless any official in the following situations:
(1) 
In civil proceedings, where it shall be finally adjudicated in any proceeding that said official did not act in good faith.
(2) 
In criminal proceedings, where it shall be finally adjudicated in any proceeding that said official had reasonable cause to believe that such conduct was unlawful.
The City Attorney, or such other attorney selected by the Mayor with the advice and consent of the Council, shall represent the official. In circumstances involving litigation or other legal proceeding between two persons qualifying for the privileges granted herein, the City Attorney will not be required to represent or otherwise participate on behalf of either party.
Nothing herein shall be construed to prohibit any such official from seeking additional legal counsel other than that provided by the City. However, nothing herein shall be construed as to require the City to pay any fees or other expenses incurred as a result of employment of such additional counsel.
The rights provided for in this chapter shall not be deemed exclusive of any other rights to which those indemnified may be entitled under any other statute, ordinance, agreement, insurance or policy of the City.
Notwithstanding any other provisions of this chapter, the Mayor and Council retain the right to dismiss any official as a result of any civil or criminal proceeding brought against such official, regardless of the final outcome, when such action is considered to be in the best interests of Pocomoke City.