(a) In the event that any employee of the Village is charged with violation of vehicular homicide under Ohio R.C. 2903.07, Council shall determine at their next regularly scheduled meeting whether such charged employee was acting within the course and scope of his employment and whether such employee was grossly negligent in his conduct.
(b) Should the majority of those members elected to Council agree that a hearing is not necessary for the reason that the facts are so clear that there is no question that the charged employee was acting within the course and scope of his employment and was not grossly negligent, then the Village shall be authorized to retain and pay the expenses of an attorney of their choice to represent the charged employee. If such charged employee is not satisfied with the attorney chosen by the Village, such employee may retain his own attorney, in which case the Village shall not be responsible for the payment of any legal expenses.
(c) Should the majority of those elected to Council request a hearing, Council shall appoint three arbitrators to determine the question as to whether the charged employee was acting within the course and scope of his employment and/or whether such charged employee’s conduct was grossly negligent. Such arbitrators may be members of Council.
(d) A hearing shall be held by the arbitrators within ten days of the acceptance of their appointment. At such hearing the charged employee may present any evidence or witnesses on his behalf. Any evidence offered at the aforementioned hearing or findings of such arbitration panel shall have no probative value in any criminal proceedings. Such arbitrators shall determine whether or not the charged employee was acting within the course and scope of his employment and/or whether such employee was acting in a grossly negligent manner. All determinations concerning these matters shall be in the sole and exclusive judgment of the arbitrators and their rulings shall be final.
(e) After the hearing held by the arbitrators, if two of the three arbitrators concur that the charged employee was acting within the course and scope of his employment and that such employee was not grossly negligent, then the Village shall be authorized to retain and pay the expenses of an attorney of their choice to represent the charged employee. If the charged employee is not satisfied with the attorney chosen by Council, he may retain his own attorney, in which case the Village shall not be responsible for the payment of any legal expenses.
(Ord. 1488. Passed 1-19-77.)