(A) The city shall pay on behalf of any city official, members of appointed boards or commissions, and administrative personnel of the city all sums which the city official, members of appointed boards or commissions and administrative personnel become obligated to pay by reason of liability imposed by law upon them individually, except as set forth, in division (B) below, for claims or other causes of action committed in good faith within the scope of their employment and duties, and which claim was not the result of any wilful or wanton act of the city official, members of appointed boards or commissions and administrative personnel in the discharge of their duty.
(B) The provisions of division (A) above shall not be applicable in the event the city carries insurance policies covering the acts or omissions unless a cause of action should result in a judgment in excess of policy limits. In no event shall division (A) be applicable in the case of an award of exemplary or punitive damages.
(C) The city shall defend any litigation covered by this section either by its legal counsel or other counsel designated and retained by the city for this purpose. The assumption of the defense of any of the litigation shall not preclude the defense being conducted under a reservation of rights, indemnification or any other legal rights of the city. In the event the litigation is covered by a policy of insurance of the city, whether the policy covers litigation or suits of defense, it shall be discretionary with the city as to whether it designates its legal counsel or other attorneys retained by it to assist in the defense.
(Prior Code, § 37.14) (Ord. 4314, passed 3-28-1977)