(A) The city shall indemnify and hold harmless each person who has, does or will serve as a full-time or part-time employee of the city 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 the execution of the employee’s job duties or acting within the scope of his or her authority as a city employee.
(B) Protection shall not be afforded to: any independent contractor retained by the city; any employee regarding or related to any incident in which the employee has committed a dishonest act; a criminal act; a fraudulent act; employment misconduct in violation of city personnel policy; an intentional tortious conduct; any willful, intentional or malicious act or course of conduct; conduct of moral turpitude in relation to the execution of his or her duties or otherwise acts outside the scope of his or her authority as a city employee; and any action brought by the city against an employee. This section shall not be construed to waive or impair the city’s right to file a lawsuit or counterclaim or initiate any administrative action against an employee, nor shall it limit the city’s right to discipline or terminate an employee.
(C) The City Manager retains the right to select and assign legal counsel to represent the employee. An employee shall have the right to select his or her own legal counsel; however, if this is done, then this legal representation will be at his or her own cost.
(D) An employee seeking protection under this section has a duty to cooperate, provide information and give the city reasonable notice of any adverse claims.
(E) The city reserves the right to defend and provide representation under a reservation or rights in favor of the city.
(F) The city reserves the right to act as a secondary insurer, if the employee has other insurance coverage for claims related to the execution of his or her duties or acts performed within the scope of his or her employment.
(1984 Code, § 32.18) (Ord. O-8-10, passed 3-16-2010)