City of New Castle, DE
New Castle County
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Table of Contents
Table of Contents
[HISTORY: Adopted by The Mayor and Council of New Castle 8-9-1977 by Ord. No. 227. Amendments noted where applicable.]
A. 
For purposes of this chapter, the term "city officers and employees" shall include The Mayor and Council of the City of New Castle and all elected or appointed officers and persons serving on any Commission or Board of the City of New Castle and all employees of the City of New Castle.
B. 
The City Solicitor shall undertake the representation or defense without charge to any city officer or employee with respect to any claim or cause of action arising out of or related to the performance by said officer or employee of his public duties.
C. 
An officer or employee who is held liable for the payment of any claims arising out of a civil action, or settlements, judgments, expenses, costs and awards or attorney's fees arising therefrom, shall be entitled to indemnification therefor where the claim shall have been determined by the City Solicitor, subject to the approval of Council, to have resulted from activities which:
(1) 
Were done in good faith.
(2) 
Were done in the reasonable belief that such activities were in the best interest of the city and in the furtherance of the official practices and policies of the city.
(3) 
Were within the scope of authority of the person so acting.
(4) 
Were within the course of employment of the person so acting.
(5) 
Were not willful, malicious or wanton.
D. 
Nothing in this section shall be construed as waiving the city's defense of governmental immunity where such defense exists in any action brought against the city, its officers or employees.
This section shall be effective immediately and shall apply to any and all claims or causes of action involving present or former officers or employees of the city who are able to demonstrate their right to indemnification pursuant to this section, irrespective of the date or dates on which the costs which are the subject of the right to indemnification were incurred or assessed.