Loading...
No provision of this code designating the duties of any officer or employee shall be so construed as to make such officer or employee liable for any fine or penalty provided for a failure to perform such duty, unless the intention of the commission to impose such fine or penalty on such officer or employee is specifically and clearly expressed in the section creating the duty. (Ord. 2910, 6-4-2001)
The Helena city commission hereby provides for specific immunity, defense and indemnification of all public officers and employees of the city who are subjected to any civil action brought against them for alleged violations of article VIII, section 17 of the Montana constitution. In the event that any civil action is brought against city officers or employees, the city shall defend the action on behalf of the public officer or public employee and indemnify the same for any liability resulting from any alleged violation of article VIII, section 17 of the Montana constitution except as provided in section 2-1-5 of this chapter. (Ord. 2910, 6-4-2001)
In any civil action brought against a public officer or employee of the city which names the officer or employee as a party defendant for alleged violations of article VIII, section 17 of the Montana constitution, the officer or employee will not be defended or indemnified by the city for any money judgments or litigation expenses, including attorney fees, which may be incurred by the officer or employee as a result of such a civil action if a judicial determination is made that:
A. The conduct of the officer or employee upon which the alleged violation of article VIII, section 17 of the Montana constitution is based constitutes oppression, fraud or malice, or for any other reason such conduct does not arise out of the course and scope of the officer's or employee's employment with the city;
B. The officer or employee unilaterally compromised or settled the claim without the consent of the city; or
C. The officer or employee failed or refused to reasonably cooperate in the defense of the alleged violations.
If no judicial determination has been made applying any or all of the exclusions noted above, the city may independently determine whether any of the exclusions apply to a particular case. If there is a dispute between the city and an officer or employee concerning whether any or all of the exclusions apply, and the city determines that it should clarify its obligation to the officer or employee as provided in section 2-1-4 of this chapter by commencing a declaratory action or other legal action, the city remains obligated to provide indemnification and defense of the officer or employee until such time as a final judgment is issued ruling that the city has no such obligation to defend and indemnify the officer or employee. However, the city has no obligation to represent or otherwise provide a defense to any officer or employee in a declaratory action or other legal action brought by the city and against the officer or employee in an effort to determine the respective rights and obligations of the city and its officer or employee. (Ord. 2910, 6-4-2001)
Upon receipt of service of a summons and complaint against an officer or employee of the city which alleges a violation of article VIII, section 17 of the Montana constitution, the officer or employee shall give written notice to the clerk of the commission, the city manager, and the city attorney requesting that a defense to the action be provided by the city. (Ord. 2910, 6-4-2001)
If any provision of sections 2-1-4 through 2-1-6 of this chapter or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect the other provisions of those sections which may be effective without the invalid provision or application and, to this end, any provision of those sections is declared to be severable. (Ord. 2910, 6-4-2001)