(A) To the extent permissible under law, the city shall defend, save harmless and indemnify its current and former commissioners, council members, board members, officers, or employees against any civil, criminal or administrative action, suit or proceeding instituted or threatened to be instituted against them, based upon any act, error or omission that could be reasonably construed to be within the exercise of their lawful duties or scope of employment, and against judgments, fines and other costs and liabilities, including amounts paid in settlement sustained as a result of, and reasonable expenses, including attorney fees, incurred in connection with the investigation, defense, adverse decision, compromise or settlement of any such action, suit or proceeding or threat thereof.
(B) This chapter shall not apply to providing defense or indemnification to any such action, suit or proceeding instituted by or on behalf of the city against such commissioner, council member, board member, officer or employee, or situations involving claims of wilful and wanton misconduct or acts outside the scope of authority.
(C) The rights expressed in this chapter shall not be exclusive of any other rights which any current or former commissioner, council member, board member, officer or employee may have as a matter of law or fact. The foregoing rights, shall, in the case of the death of a commissioner, council member, board member, officer or employee, accrue to the benefit of his or her heirs and successors.
(D) The liability of the city for payments under this chapter may be insured to the extent permitted by law but to the extent not insured shall be payable out of the funds and monies of the city.
(E) The indemnification provided by this chapter shall not be subject to retroactive revocation as to any person entitled to indemnification. It shall not be deemed exclusive of any other rights to which a person seeking indemnification may be entitled.
(F) Nothing in this chapter shall be deemed to limit or modify the authority of the city under state law to defend or indemnify parties or persons as otherwise provided and permitted by law. (Ord. 2964, 4-20-2015, eff. 5-4-2015)