(A) The city shall indemnify any person who was or is a party or is threatened to be made a party to any threatened, pending or completed action, suit, or proceeding, whether civil, criminal, administrative or investigative by reason of the fact that such person is or was an elected or appointed official, employee or agent of the city against expenses (including attorney fees), judgments, fines and amounts paid in settlement actually and reasonably incurred by such person in connection with such action, suit or proceeding if such person acted in good faith and in a manner such person reasonably believed to be in or not opposed to the best interests of the city, and with respect to any criminal action or proceeding had no reasonable cause to believe his or her conduct was unlawful, except that no indemnification shall be made in respect to any claim, issue or matter as to which such person shall have been adjudged to be liable for willful and wanton negligence or misconduct in the performance of such person’s duty to the city.
(B) Any indemnification under division (A) above shall be made by the City Council upon receipt of a determination by legal counsel for the city that indemnification is proper in the circumstances because applicable standards of conduct set forth in division (A) above have been met. Such authorization shall be made by the City Council by a majority vote of a quorum consisting of the Mayor and City Council.
(C) The city reserves the right to select legal counsel in defending elected or appointed officials, employees or agents of the city under the provisions of this section. This selection of legal counsel to defend elected or appointed officials, employees or agents for the city in any threatened, pending or completed action, suit or proceeding, whether civil, criminal, administrative or investigative, shall be final and binding. Should the elected or appointed official, employee or agent choose to select other legal counsel for their defense, the city shall have no obligation to indemnify, defend or pay for the legal costs and expenses to defend and represent such elected or appointed official, employee, or agent. In this instance the city may select legal counsel of its choice to defend and represent the city’s interests.
(D) When, under the provisions of this section, the city is required or requested to indemnify and select legal counsel for the defense or representation of an elected or appointed official, employee or agent, the individual or persons involved and requiring such indemnification and defense or representation shall cooperate fully and completely with any legal counsel selected by the city to represent their interests. Failure to cooperate may result in the loss of indemnification by the city if the City Council determines, by a majority vote of a quorum of its members consisting of the Mayor and City Council, that the failure to cooperate was intentional. No such revocation or termination of indemnification and defense shall be made until the person or persons refusing to cooperate in their defense have been notified of the possible revocation and termination and have been allowed a public hearing by the City Council for the purpose of determining if their failure to cooperate was intentional.
(Prior Code, § 35.10) (Ord. 86-19, passed 4-30-1986)