[HISTORY: Adopted by the Mayor and Council of the City of College Park 12-26-1978 by Ord. No. 78-O-9; amended in its entirety 4-13-1982 by Ord. No. 82-O-4. Subsequent amendments noted where applicable.]
[Amended 9-10-1991by Ord. No. 91-O-22; 12-10-1991 by Ord. No. 91-O-24]
As used in this chapter, the following terms shall have the meanings indicated:
- BOARD, COMMISSION OR COMMITTEE MEMBER
- Includes all members of any board, commission or committee appointed by the Mayor and/or Mayor and Council or by the City Manager.
- CITY EMPLOYEE
- Includes all salaried employees of the City other than those persons falling within the definition of "City official."
- CITY OFFICIAL
- Includes the Mayor and Council, the City Manager, all department heads, the City Attorney and the City Clerk.
Nothing contained herein shall constitute a waiver by the City in its own behalf or by any City official, City employee or member of any board, commission or committee of the defense of sovereign immunity or governmental immunity, by whatever name known, or of the defense of statute of limitations or of any other defense in any suit or claim brought against any City official, City employee or member of any board, commission or committee.
Editor's Note: See Brady vs. Mayor and City Council, Laurel, 392A2d89 (1978) and Manel vs. New York City Department of Social Services, 56 L. Ed. 2d611 (1978)
The City shall hold harmless and pay on behalf of any City official, City employee or any member of any board, commission or committee all sums which such official, employee or member of any board, commission or committee becomes obligated to pay by reason of the liability imposed upon such official, employee or member of any board, commission or committee by law if the official, employee or any member of any board, commission or committee, at the time of the incident or occurrence giving rise to such liability, was acting within the scope of his or her duties or office for the City and this incident or occurrence arose out of such duties or office. It shall also be the duty of the City to provide the defense, by the City Attorney or by other counsel, in the discretion of the city, for any claim or action arising from an assertion of liability against such official, employee or member of any board, commission or committee while acting within the scope of his or her duties or office for the city. The indemnification and/or defense herein provided for shall not be available to one who willfully and intentionally disregards the instructions or directions issued by the Mayor and Council or intentionally disregards the instructions and/or orders of his or her supervisor.
The indemnification and defense provided for in § 27-3 shall only attach and become available after all other insurance for such indemnification or defense has been exhausted.
The effective date of this chapter shall be retroactive to December 1, 1975.