(A) The city shall at its sole cost and expense fully indemnify its officers and employees against any and all claims, suits, actions, liability, and judgments for damages which its officers or employees may legally be required to pay arising out of or in the course of employment or service on behalf of the city, unless it is shown that the basis for the grievance was an intentional wrong, or an act done in bad faith with respect to the injured person, or unless the act is shown to have been criminal in nature.
(B) The city shall pay all expenses incurred by its officers and employees in defending against any claims, suits, or actions arising out of or in the course of employment or service on behalf of the city, including, but not limited to, reasonable attorney’s fees, except in those cases mentioned as expenses in division (A) above. The city shall pay expenses incurred as aforesaid until and unless it is shown that the claim, suit, or action falls within one of the exceptions from indemnity.
(C) It is specifically provided that this section and the responsibility to indemnify is and are severable. Should the right and duty to defend and indemnify be found invalid or void, all other duties to defend and indemnify shall remain, it being the city’s intention to fairly protect its employees and the city’s fiscal position with respect to the willingness of employees to serve for reasonable salaries.
(Ord. 173.01, passed 1-14-86)