(A) The city shall indemnify and hold harmless each person who has, does or will serve as a member of the Board of City Commissioners (“the Board”), or as a member of any city board or committee (hereafter “member”) against any and all costs and expenses, including, but not limited to, counsel fees, judgments and amounts paid in settlements, which are actually and reasonably incurred in connection with the defense of any claim, action, suit or proceeding, whether civil, criminal, administrative or otherwise in nature, in which he or she may be involved by reason of acting within the scope of his or her authority on the Board of City Commissioners or as a member of any other city board or committee member.
(B) This protection shall only apply to members of the Board of Commissioners, and boards or committees established by the city per an ordinance, order/resolution or administratively, or created by court order. Protection shall not be afforded to any member regarding or related to any incident in which the member has committed fraud, misconduct, intentional tortious conduct, a crime or conduct of moral turpitude in relation to his or her performance as a member or otherwise acts outside the scope of his or her authority as a board or committee member.
(C) The City Manager retains the right to select and assign legal counsel to represent board or committee members. A member shall have the right to select his or her own legal counsel; however, if this done, then this legal representation will be at his or her own cost.
(D) The city reserves the right to defend and provide representation under a reservation or rights in favor of the city.
(1984 Code, § 32.17) (Ord. O-2-08, passed 1-8-2008)