(a) Liability. Except as provided in subsection (b) hereof, any City Official authorized to act under this Article on behalf of the City, acting under authority lawfully granted by the City Council under this Article, or acting on behalf of the City under this Article in good faith and without malice and in the discharge of his or her typical duties on behalf of the City, shall not thereby render himself or herself personally liable and he or she is hereby relieved from all personal liability for any damage that may accrue to the City as a result of any act or omission required or permitted in the discharge of his or her duties.
(b) Fraud or Malice. Any Code Official who, by his or her acts or omissions, violates the terms, requirements or provisions of this Article in a manner that is self-serving, involves malice toward the City or any City Official, involves fraud of any kind or character or involves gross negligence demonstrating a lack of good faith effort on the part of the City Official to comply with the terms of this Article, shall not be exempted from liability for such acts or omissions and may be held liable to the City for the same.
(c) Defense of Claims. Any suit brought against any City Official who is relieved from liability under subsection (a) of this Section, who is named individually in litigation involving a violation of this Article because of such act or omission performed by him or her in a good faith attempt to carry forth the requirements of this Article, shall be defended by the City's legal Council until the final termination of the proceedings.
(d) Criminal Liability. Nothing herein shall relieve any Person of any liability for his or her own acts or omissions involving violations of any criminal provisions of the City Code, State or Federal Law.
(e) Civil Liability. Nothing herein shall relieve any Person of any liability for his or her own acts or omissions involving violations of any civil provisions of the City Code, State or Federal Law including those describing malfeasance in office nor shall this Section preclude any potential civil penalties including removal of City Officials from office.
(Ord. 641. Passed 12-7-09.)