(A) Purpose. This section is designed to protect the interests of elected and appointed officials, officers and employees of the city where they become involved in civil proceedings arising out of the performance or exercise of their official duties.
(B) Legal indemnification program. The city hereby agrees to defend and indemnify all of its elected and appointed officials, officers and employees to the extent that liability is assessed against the persons which is not covered by conventional insurance coverages; provided, however, that the coverage or indemnification hereunder does not include acts done by persons which are criminal in nature, outside the scope of their employment or willful or wanton direct violations of laws, statues, ordinances or regulations and for which the city would otherwise be responsible because of the doctrine of respondeat superior.
(C) Defense. The city hereby agrees to provide a defense at its expense to any of its elected and appointed officials, officers and employees covered under division (B) herein. The duty to defend shall extend to all cross claims and counterclaims involved in civil proceedings arising out of the performance or exercise of their official duties.
(D) Indemnification. The city hereby agrees to indemnify and save and hold harmless any of its elected and appointed officials, officers and employees from any and all losses or liabilities covered under division (B) herein to the extent provided by law.
(E) Representation. Whenever the city provides for the defense of any action set forth herein and as a condition of the defense, the city may assume exclusive control over the representation of the persons defended and the person shall cooperate fully with the city. The city may provide for the defense pursuant to this section by authorizing its attorney to act in behalf of the person being defended unless the City Council determines there is potential for a conflict of interest between the persons and city officials who would normally exercise control over the representation of the persons. Outside counsel shall be employed in the event that a potential conflict of interest is determined. The determination of the city and the City Council that there is no potential conflict of interest is subject to review by a court of competent jurisdiction.
(F) Process for payment. The process for payment shall be as follows.
(1) All claims presented shall be forwarded to the City Attorney for review and recommendation.
(2) The City Attorney shall within 30 days from receipt of all claims hereunder complete his or her review and make any recommendations in writing to the City Council.
(3) Payment shall only occur after the City Council has reviewed and approved payment of all claims for defense and indemnification hereunder.
(Ord. 07-59, passed 11-13-2007)