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This section shall govern the indemnification of individuals against personal liability for claims arising from the performance of official duties and other services on behalf of the City of Lake Angelus.
(a) Indemnification and Defense. The City of Lake Angelus shall indemnify and defend any present or former elected or appointed City official, employee, or volunteer from any civil action brought against that individual which arises from the acts or omissions of that individual within the scope of the public duties, responsibilities, or undertakings of that individual on behalf of the City, subject to the exceptions provided herein. Appointed officials for purposes of this section shall include not only positions provided under the City Charter, but all positions of an official nature which are filled by appointment of the Mayor or City Council.
(b) Exceptions. The City shall not indemnify or defend an individual pursuant to this section if any of the following conditions exists, except to the extent that liability insurance protection or other similar protection is provided.
(1) The act or omission did not occur within the scope of a voluntary undertaking approved by the City.
(2) The act or omission arose from fraud, willful misconduct, or gross negligence by the individual.
(3) The act or omission occurred while the individual was under the influence of intoxicating liquor or narcotic drugs.
(c) Control of Litigation. Whenever the City assumes the defense and indemnification of a claim pursuant to this section, the City shall have exclusive control over the representation of the individual and the designation of legal counsel, and may conduct any investigation of the facts, may assert any defenses, and may settle the claim on any basis, without the consent of the individual defendant. The City may provide for indemnification and defense of claims against individuals directly or by asserting rights under an insurance policy or other similar protection.
(d) Notification of Claim. The City's responsibility to indemnify and defend under this section is conditioned upon prompt notice by the indemnified individual to the City Clerk of any indemnified claim or of an occurrence which could give rise to an indemnified claim.
(e) City's Defenses. This section shall not be construed as waiving the defense of governmental immunity or any other defense which may be available to the City or any individual.
(Ord. 68. Passed 2–10–92.)