156.03 DEFENSE COUNSEL.

   (a)    The City shall handle the defense of any appropriate cause of action by the Law Director of the City, or by other counsel, in the discretion of the City. The designation of defense counsel by the City shall not preclude such defense being conducted under a reservation of rights of indemnity by the City. In the event the cause of action is covered under a policy of insurance of City, which insurance provides for defense, it shall be discretionary in City as to whether legal counsel is designed by City to assist in the defense.

   (b)    Nothing herein shall be construed to require the City to provide legal counsel or such indemnification for any elected official, municipal employee, appointed officer or administrative personnel in the following situations:

      (1)    In civil matters, where the elected official, municipal employee, appointed officer or administrative personnel:

         A.    Is the plaintiff or moving party; or

         B.    Where it shall be finally adjudicated in any action, suit or proceeding that the elected official, municipal employee, appointed officer or administrative personnel shall not have acted in good faith and in the reasonable belief that his or her action was in the best interests of the City.

      (2)    In criminal matters, where the elected official, municipal employee, appointed officer or administrative personnel:

         A.    Is the complaining party; or

         B.    Had reasonable cause to believe that such conduct was unlawful.

      (3)    In any findings for recovery made in a report of examination by the Bureau of Inspection and Supervision of public offices pursuant to Ohio R.C. 117.10.

   Termination of any action, suit or proceeding by judgment, order or conviction adverse to such person, or by settlement, or by plea of "No contest" or its equivalent, shall not of itself create a presumption that such person did not act in good faith and in the reasonable belief that his or her action was in the best interests of the City, and with respect to any criminal action or proceeding, had reasonable cause to believe that his or her conduct was unlawful.

   (c)    Nothing herein shall be construed to prohibit any elected official, municipal employee, appointed officer or administrative personnel from seeking additional legal counsel other than provided by the City. However, nothing herein shall be construed as to require the City to pay any fees or other expenses incurred as a result of employment of such additional counsel. (Ord. 34-83. Passed 5-16-83.)