Any officer or employee who is liable for the payment of any claims or damages, excluding punitive damages, arising out of the course and scope of employment shall be entitled to indemnification by the city, provided that the acts or omissions resulting in such liability were done in good faith and without malicious or felonious intent. For the purposes of this section, the term “arising out of the course and scope of employment” shall not include any action which occurs during a period of time in which the officer or employee is engaged in outside employment or is rendering contractual services to someone other than the city. Whether the acts were done in good faith, without malicious or felonious intent, and within the course and scope of employment shall be determined by the city, and such determination shall be final for the purposes of the representation and indemnity of this section; provided, however, that if such representation and indemnity have been denied by the city, if, upon a trial on the merits, the city determines that the officer or employee was acting in good faith, without malicious or felonious intent and within the scope of employment, the indemnification hereunder shall be granted and reasonable legal expenses incurred in the defense of the claims reimbursed. The city shall not be liable for any settlement of any such claim or suit affected without its consent, and the city reserves the right to assert any defense and make any settlement of any claim or suit that it deems expedient. Payments under this section may not exceed $100,000.00 to any one person, or $300,000.00 for any single occurrence in the case of personal injury or death, or $10,000.00 for a single occurrence of property damage.
(1996 Code, sec. 2-117)