Includes any current or former full-time, part-time, permanent,
or temporary employee of the city but does not include independent
contractors or the employees of the same.
Includes any person currently or formerly elected or appointed
to be a member of any official body of the city, including the city
council and boards, commissions, and committees authorized and created
under the city's charter or Code of Ordinances.
(Ordinance O-05-22 adopted 5/3/2022)
(a)
The
city shall provide indemnification and defense of the officers and
employees of the city against any loss, cost, or expense, including
court costs and attorney's fees, to the extent allowed by law, arising
out of any claim, suit, judgment, or settlement thereof, resulting
from any alleged act or omission of such officer or employee during
the discharge of his duties and within the course and scope of his
office or employment with the city, or in any other case where the
city is directed or authorized by law to do so; provided, however,
that such indemnification and defense will not be provided for any
act ultimately determined by final judgment to have arisen out of
the intentional or knowing violation of any penal statute or ordinance
or to have arisen out of any conduct determined by final judgment
to be an act of fraud or to have been taken with the intent to deceive
or defraud, or for any personal or private business of such officer
or employee or for the gross negligence or official misconduct, or
willful or wrongful act or omission, of such officer or employee.
(b)
In
accordance with this section, the city shall pay actual damages awarded
against an employee or officer of the city if the damages result from
an act or omission of the employee or officer in the course and scope
of his employment for the city and payment is not otherwise prohibited
by this article or by law. The city shall also pay the court costs
and attorney's fees awarded against such officer or employee in such
cause of action. The city may not pay damages awarded against an employee
or officer that arise from a cause of action for official misconduct
or involve a willful or wrongful act or omission or an act or omission
constituting gross negligence or to the extent otherwise disallowed
by this section. The city may not pay damages awarded against an employee
or officer to the extent that the damages are recoverable under an
insurance contract owned by the city, including coverage through a
municipal risk pool.
(c)
The
city shall provide legal counsel to represent any employee or officer
entitled to protection under this section. The counsel provided shall
be the city attorney, unless there is a potential conflict of interest
between the city and the officer or employee, in which case the city
shall employ other legal counsel to defend the officer or employee.
(Ordinance O-05-22 adopted 5/3/2022)
To be entitled to indemnification by the city under the provisions
of this section, the officer or employee shall notify the city manager
in writing as soon as practicable after receipt of written notice
of any claim or suit, or, in the case of a claim or suit against the
city manager, he shall notify the city council in writing as soon
as practicable after receipt of written notice of the claim or suit.
Such officer or employee shall cooperate in the investigation, defense,
negotiation, and/or settlement of any claim or suit. Such officer
or employee shall attend any hearing or trial held in connection with
such claim or suit and assist in securing and giving evidence and
obtaining the attendance of witnesses. Such officer or employee shall
not give any oral or written statement or enter into any stipulation
or agreement concerning a claim or suit except upon the advice of
the city attorney or other defense counsel provided in accordance
with the provisions of this section or when questioned by a police
officer at the scene of an accident. Such officer or employee shall
not make any voluntary payment or assume any obligation or incur any
expense with respect to any claim or suit without the consent of the
city manager or, in the case of the city manager, the consent of the
city council.
(Ordinance O-05-22 adopted 5/3/2022)
The city may investigate, negotiate or settle any claim or suit
against an officer or employee that results from an act for which
such officer or employee is entitled to indemnification under the
provisions of this section.
(Ordinance O-05-22 adopted 5/3/2022)
In the event of any claim or suit against any officer or employee,
the insurance carrier for the city, including any municipal risk pool,
shall be immediately notified and furnished a copy of any such claim
or suit, along with the appropriate documents giving a history of
the claim or suit, and a request for provision of coverage and defense.
(Ordinance O-05-22 adopted 5/3/2022)
