(a) The City hereby assumes responsibility for providing the legal defense of any claim or litigation against any duly elected official and any appointed director or member of any City board or commission, both individually and as such elected official, director or member, alleged to have arisen out of any act or failure to act within the scope of regular official duties or under color of office of the position of such elected official, director or member, provided that such act or failure to act was not malicious, motivated by private gain or totally extraneous to the functions of such City position.
(b) Members of Council, the Administration or any City board or commission, when acting in good faith, are hereby declared exempt from individual liability, whether for the exercise of their legislative discretion in voting as members of Council for or against any proposed legislation before them for consideration, or in exercising any of the duties, privileges and responsibilities of their titles or positions with the City.
(c) The City shall hold any elected official, director or member harmless from cost or liability arising out of the good faith performance of official duties.
(d) The Director of Law may appoint special counsel on properly enacted legislation by Council for the defense of any elected public official, director or City board or commission member to defend any action under this section. Special counsel may also be designated by an enactment of Council in any case wherein the Director of Law is named a particular defendant.
(Ord. 1980-78. Passed 6-18-80.)