§ 31.022 REFUSAL TO PAY JUDGMENT.

   The city may refuse to pay any judgment, compromise, or settlement in any action in tort against an officer or employee or if the city pays any judgment, compromise, or settlement, it may recover from the officer or employee the amount of such payment and the costs to defend if:

   (A)   The officer or employee acted or failed to act because of fraud, malice, or corruption;

   (B)   The action was outside the actual or apparent scope of the employee’s employment;

   (C)   The employee willfully failed or refused to assist the defense of the action; or

   (D)   The employee compromised or settled the claim without the consent of the City Council.

(2008 Code, § 2.28.080)