157.25 LEGAL DEFENSE OF AND INDEMNIFICATION OF CITY OFFICERS AND EMPLOYEES.

   (a)    The Law Director shall represent as counsel, without charge to the person involved, any City officer or employee in connection with any claim, suit for damages, or other action against such person arising in connection with the performance by such officer or employee of his public duties in the employment of the City, provided that such officer or employee may have his own counsel to assist in the defense at the expense of the employee or officer.

   (b)    For the purposes of this section, "officer" includes any elected or appointed official of the City and "employee" includes all employees of the City, whether under civil service or not.

   (c)    Any officer or employee who is found liable for the payment of any claim or damages, by way of judgment or settlement, shall be entitled to indemnification by the City, where the acts resulting in such liability were done in good faith, without malice, within the scope of authority of the employee or officer and such employee or officer has not acted in a willful or wanton disregard of the rights of individuals.

   (d)    Such indemnification or representation shall be only in the amount in excess of any insurance coverage provided to the officer or employee.

   (e)    Nothing in this section shall be construed as waiving the City's defense of governmental immunity to it or its employees or officers in any action brought against the City or such officer or employee.

   (f)    The provisions of this section shall apply only where the City has been given prompt notice of any actions brought against any City employee or officer, based upon any action of such employee or officer within the scope of his authority as such.

(Ord. 2004-180. Passed 12-7-04.)