(a) If there is no liability or other insurance in place that provides coverage against claims made against any elected official, appointed official or employee of the City, the City shall hold harmless and indemnify such elected official, appointed official or employee from any lawsuit or claim filed against him or her as a result of his or her conduct while acting in his or her official capacity as an official or employee of the City, provided that the official or employee has not acted in a malicious manner, has not acted in a manner beyond the scope of his or her employment and/or has not acted in a manner known or that should have been known to him or her to be improper, illegal or violative of his or her duties and/or responsibilities to the City.
(b) Nothing in this section shall obligate the City to consult with or obtain the permission of any official or employee prior to settling or otherwise resolving any claim made against such official or employee.
(c) If any claim is made for which the City has responsibility pursuant to subsection (a) hereof, the City shall also pay and be responsible for the attorney fees and expenses of suit, provided that the City shall have the sole and exclusive right to choose the attorney who will represent the City and the official or employee involved.
(Ord. 63-86. Passed 11-10-86.)