(A) The City Council recognizes the lawful right of the city police to qualified immunity and indemnification when they act within the scope of their employment and are subjected to any civil cause of action brought against an employee resulting from or arising out of the performance of their duties, whether the employee was on or off duty at the time of the incident.
(B) The City Council agrees to maintain their responsibility of protecting city police who are subjected to civil causes of action brought against them, when the employee is acting within the scope of their employment. When the employee qualifies for indemnification, the City Council agrees to handle it in the following manner:
(1) Holding employees harmless from and pay damages or moneys which may be adjudged, assessed, or otherwise levied against any employee. Granting employees legal representation throughout the course of any civil cause of action brought against them, at the cost of the City Council.
(2) Granting employees the ability to choose their legal counsel upon mutual agreement with City Council.
(3) If necessary and feasible, the City Council will maintain liability insurance coverage for city police employees for the purpose of indemnification.
(C) If the City Council cannot reasonably maintain liability insurance coverage on the city police, due to highly burdensome costs or insurance companies denying coverage to law enforcement or correctional officers, the following will be done:
(1) The City Council shall pay the costs of each city police officer to belong to the Fraternal Order of Police Legal Defense Plan, civil and criminal protection plan.
(2) The City Council will hold the city police harmless from and pay damages or moneys which may be adjudged, assessed, or otherwise levied against any city police officer, up to $100,000 per incident.
(D) It is understood that employees of the city Police Department who act outside the scope of their employment, or commit acts of willful misconduct, would not qualify for this type of legal immunity or indemnification.
(Ord. 21-0413-250, passed 4-13-2021)