(a) Except as provided in subsection (b) hereof, in the event the City pays any claim, settlement or judgment against itself or against an employee of the City, or any portion thereof, for an injury or damage arising out of an act or omission of the employee of the City, the employee is not liable to indemnify the City.
(b) In the event the City pays any claim, settlement or judgment, or any portion thereof, either against itself or against an employee of the City for an injury or damage allegedly arising out of an act or omission of the employee of the City, the City may recover from the employee the amount of such payment if the City establishes by a preponderance of the evidence that the act or omission occurred outside the scope of his employment or that he acted or failed to act because of fraud, corruption or actual malice or that he willfully failed or refused to reasonably cooperate in good faith in the formation or presentation of his defense conducted by the City. (Ord. 101-83. Passed 5-2-83.)