(a) Indemnification. Except as otherwise provided in this section, the City shall save any of its public officials and employees harmless from personal liability and indemnify all public officials and employees of the City from liability incurred in the performance of their duties by paying any judgment in, or amount negotiated in settlement of, any civil action arising under Federal, State or local law.
(b) Exceptions. The City shall not save any of its public officials and employees harmless from personal liability, or indemnify a public official or employee of the City, under any of the following circumstances:
(1) To the extent that the public official or employee is covered by a policy of insurance for civil liability purchased by the City;
(2) When the public official or employee acts manifestly outside the scope of his or her employment or official responsibilities, with malicious purpose, in bad faith, or in a wanton or reckless manner;
(3) For any portion of a judgment that represents punitive or exemplary damages; or
(4) If the City is an adverse party to the employee in such proceedings.
(c) Conditions. The duty to save any of its public officials and employees harmless from personal liability or indemnify public officials and employees as set forth in this section shall be conditioned upon the following:
(1) Delivery by the public official or employee to the City Manager of a written request to provide for his or her defense, together with the original or a copy of any summons, complaint, process, notice, demand or pleading within five days after he or she is served with such document.
(2) The full cooperation of the public official or employee in the defense of such action or proceeding and in defense of any action or proceeding against the City based upon the same act or omission and in the prosecution of any appeal.
(d) Consent Judgments and Settlements. The duty to indemnify public officials and employees prescribed in this section in the event of a consent judgment or settlement shall not become effective unless such consent judgment or settlement is approved by Council.
(e) Liability. Nothing in this section shall be construed to modify, alter or amend the existing law of the State regarding the civil liability of the City or its public officials and employees, nor shall this section be construed to create any rights in any person, firm or corporation other than the public officials and employees of the City.
(f) Public Officials and Employees Defined. As used in this section, the term “public officials and employees” shall be construed to include those persons presently in the employ of the City and those persons who were in the employ of the City at the time that a cause of action may have accrued against them.
(Ord. 5420. Passed 2-15-00.)