(a) For any and all legislative actions, policies or omissions of Council, or administrative actions, policies or omissions of its boards and/or commissions, as well as the actions of any employee or agent of the City in implementing such actions or policies, the City, its Council members, board or commission members, employees and agents implementing the same, shall be absolutely immune from suit and liability in tort, whether such acts or omissions are intentional or negligent, if they are done in the performance or nonperformance of the City's municipal powers, duties or responsibilities.
(b) The City, its agents or employees are absolutely immune from liability if the agent or employee is engaged in the performance of judicial, quasi-judicial, prosecutorial or quasi-legislative functions.
(c) The City, its agents or employees are immune from liability if the conduct of the employee which gave rise to the claim of liability was required or authorized by law, or if the employee in good faith reasonably believed the conduct to be required or authorized by law.
(d) The City and the employee shall be immune from liability if the action or failure to act by an employee which gave rise to a claim of liability is within the employee's discretion with respect to policy making, planning or enforcement powers by virtue of the duties and responsibilities of the employee's office or position. The City and its employees are immune from liability for any injury to a person, damage to property or other damages resulting from the exercise of judgment or discretion, including but not limited to:
(1) The exercise of discretion in determining whether to seek or whether to provide the resources necessary for the purchase of equipment, materials, or facilities, the construction of permanent improvements, the hiring or lawful reduction in the force of personnel, and, in general, the provision of adequate services.
(2) The exercise of discretion whether or how to utilize or apply existing resources, including but not limited to those resources allocated or allocable to equipment, materials, facilities, permanent improvements, or personnel.
(e) The City of Canfield and the employees or agents are entitled to any other defense available at common law or established by the Ohio Revised Code.
(Ord. 1985-20. Passed 9-3-85.)