(a)
In the event any suit is filed in any court against an officer or employee of the city based upon acts performed within the scope of his or her official duties, the defendant in said suit shall give notice thereof to the secretary-manager in writing and shall furnish such additional information as the secretary-manager may request.
(b)
In the event the plaintiff in said suit seeks damages or other relief against the defendant officer or employee in his official capacity, the council will authorize either the city attorney or other counsel selected by the council to actively defend such suit. In such case the city shall pay the reasonable legal fees, court costs and other reasonable expenses necessarily incurred in conducting such defense.
(c)
In the event the plaintiff in said suit seeks relief against the city officer or employee only in his or her individual capacity, the secretary-manager shall investigate the charges alleged in the pleading and shall report his findings to the council. In such event the council may, but shall not be required to, authorize payment of fees, expenses and court costs reasonably necessary to defend such suit.
(d)
In any such case no obligation upon the part of the city shall arise hereunder unless and until an ordinance authorizing payment of such legal fees and expenses has been duly passed and approved by the council.
(Ordinance 502 adopted 10/10/1978; 1996 Code, sec. 1-5)