(A) The city shall defend, indemnify and hold harmless its current and former aldermen, commissioners, officers, officials and employees, as well as representatives serving on other bodies who have been appointed by the City Council, against any civil, criminal or administrative investigation, claims, actions or proceedings, and any judgments, fines, liabilities and other costs thereof, including reasonable attorney’s fees and any amounts paid in any settlement concurred in by the city, based upon any act, error or omission that could reasonably be construed to be within the exercise of its lawful duties or scope of employment; except that any willful or wanton conduct shall not be protected by the terms of this section unless there is not an intention to injure or do harm. Any such costs, whether incurred or anticipated, shall require the approval of the City Council in order to qualify for indemnity, except where the city incurs such costs directly. This section shall not apply to provide defense or indemnification to any such alderman, commissioner, officer, official, employee or representative in any such investigation, claim, action or proceeding instituted by the city against such alderman, commissioner, officer, official, employee or representative.
(B) The foregoing rights shall not be exclusive of any other rights which any current or former aldermen, commissioners, officers, officials and employees, as well as representatives serving on other bodies who have been appointed by the City Council, may have as a matter of law. The foregoing rights shall, in the case of the death of such alderman, commissioner, officer, official, employee or representative, inure to the benefit of his or her successors.
(C) The liability of the city for payments hereunder may be insured to the extent permitted by law but to the extent not insured shall be payable out of the funds and moneys of the city.
(Ord. 06-04, passed 3-6-2006)