111.01 Existing liability; state limitations
111.02 Immunity of Council, board or commission members.
111.03 Immunity of City agents or employees.
111.04 Immunity in performance of governmental functions.
111.05 Extent of liability.
111.06 Presentation of claims.
111.07 Time limitation for action against City.
111.08 Restrictions on actions against City.
111.09 Payment of uninsured judgments.
111.10 Installment payments for uninsured judgments.
111.11 Defense or indemnity of Council, board or commission members, agents or employees.
CROSS REFERENCES
Liability for operation of vehicles - see Ohio R.C. 701.02
Supervision and control of streets - see Ohio R.C. 723.01
(a) Nothing contained herein shall be deemed to modify the existing liability of the City under Ohio R.C. 701.02, if any and Ohio R.C. 723.01.
(b) This chapter shall have uniform application to all persons injured within the City by the City's actions or by those of its agents or employees be the injured party a resident or nonresident, domiciliary or nondomicilliary, all in accordance with Ohio Constitution, Article II, Section 26.
(c) Nothing contained herein shall be deemed to constitute limitation upon a claim for wrongful death under Ohio Constitution, Article I, Section 19(a).
(d) Nothing contained herein shall be deemed to supersede, or continue in full force and effect beyond the effective date of any legislation passed by the State Legislature and signed into law by the Governor regarding the general subject of limitations upon municipal liability, limitations of damages and/or reinstatement, in whole or in part, of sovereign immunity.
(Ord. 1984-37. Passed 5-2-84.)
For any and all legislative actions, policies or omissions of Council or administrative actions, policies or omissions of its boards and/or commissions, as well as the actions of any employee or agent of the City in implementing such actions or policies, the City, its Council members, board or commission members, employees and agents implementing the same shall be absolutely immune from suit and liability in tort, whether such acts or omissions be intentional or negligent, if they are done in the performance or nonperformance of the City's municipal powers, duties or responsibilities. (Ord. 1984-37. Passed 5-2-84.)
(a) The City, its agents or employees are absolutely immune from liability if the agent, employee is engaged in the performance of a judicial, quasi-judicial, prosecutorial or quasi-legislative functions.
(b) The City, its agents or employees are immune from liability if the conduct of the employee which gave rise to the claim of liability was required or authorized by law, or if the employee in good faith reasonably believed the conduct to be required or authorized by law.
(c) The City and the employee shall be immune from liability if the action or failure to act by an employee which gave rise to a claim of liability is within the employee's discretion with respect to policy making, planning or enforcement powers by virtue of the duties and responsibilities of the employee's office or position. The City and its employees are immune from liability for any injury to a person, damage to property or other damages resulting from the exercise of judgment or discretion, including but not limited to:
(1) The exercise of discretion in determining whether to seek or whether to provide the resources necessary for the purchase of equipment, materials or facilities, the construction of permanent improvements, the hiring or lawful reduction in the force of personnel and in general, the provision of adequate services; and
(2) The exercise of discretion whether or how to utilize or apply existing resources, including but not limited to those resources allocated or allocable to equipment, materials, facilities, permanent improvements or personnel.
(d) The City and the employee are entitled to any other defense available at common law or established by the Ohio Revised Code. (Ord. 1984-37. Passed 5-2-84.)
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