(a) Definition. The term “city officials and employees,” as used in this Section shall include the mayor, city commissioners, all appointed officers of the city (including members of the housing authority) all board members, commission members or committee members of the city and all administrative personnel and employees of the city.
(b) Right of representation. The city attorney's office, insurance defense counsel, if applicable, or other counsel appointed by the city commission shall undertake the representation or defense without charge of city officials and employees with respect to any claim or cause of action arising out of or related to the performance by said city officials or employees of their public duties.
(c) Indemnification. City officials or employees who are personally liable for the payment of any claims arising out of a civil action, or settlements, judgements, expenses, costs and awards of attorney's fees arising therefrom shall be entitled to indemnification from the city (except to the extent the city's insurance coverage provides payment where the claim resulted from activities):
(1) Which were done in good faith;
(2) In which the city has an interest;
(3) Which were within the course of employment or in the course of performance of public duties of the persons so acting; and
(4) Where not willful, wanton or malicious.
(d) Reservations of rights. The undertaking of legal defense by the city under subsection (b) above shall automatically be under a reservation of rights regarding the eligibility of the subject claim for the benefits provided by this Section.
(e) No waiver of defenses. Nothing in this Section shall be construed to waive any defense in any action which would be available in the absence of this section to the city or individual city officials or employees, including but not limited to, those defenses which could be asserted under Florida Statute 768.28 or any successor statute thereto.
(Code 1958, § 2-4.11)