(A) For the purpose of this section the following definitions shall apply unless the context clearly indicates or requires a different meaning.
(1) BOARD. The Board of Public Works and Safety.
(2) CLAIM. A demand for payment of money for injuries and damages alleged to be the result of an act or omission of an official or employee of the city, within the scope of duties and responsibilities of that official or employee.
(3) EMPLOYEE. A person who works for salary or wages for the city, whose employment position is provided for by salary ordinance of Council, including persons employed by city-owned water and sewer utilities. Both former and present employees are included in this definition. Independent contractors are specifically excluded from this definition.
(4) OFFICIAL. A person holding an elective office in the city or a person duly appointed by Council, the Mayor, or the Board of Public Works and Safety as a member of a board, committee, commission, authority, or other instrumentality, to serve with or without compensation. Former and present officials are included in this definition.
(5) SCOPE OF DUTIES AND RESPONSIBILITIES. The range of duties and responsibilities of an official or employee imposed by law or reasonably necessary to perform the duties and responsibilities imposed by law or the employee’s supervisor.
(B) The city shall provide a defense of claims and lawsuits for injuries and damages against officials or employees alleged to have arisen out of acts or omissions within the scope of duties and responsibilities of the officials or employees, provided those acts or omissions were not the result of deliberate intention to contravene the scope of duties and responsibilities of the officials or employees and further provided that the acts or omissions do not constitute criminal acts or omissions.
(1) Such defense can be furnished by means of liability insurance, by representation by the duly appointed City Attorney, by the city retaining an attorney specifically for the purpose of the defense, or by any combination of aforesaid means.
(2) There shall be no reimbursement of defense expenses incurred by an official or employee without the prior written consent and approval of the Board to incur those expenses. Litigation expenses deemed necessary by the City Attorney or other attorney retained by the city to provide a defense shall be reimbursed only if incurred with the prior written consent and approval of the Board.
(C) The city shall indemnify any official or employee for all sums which the official or employee becomes legally obligated to pay by reason of judgment, compromise, or settlement as a result of a claim and lawsuit for injuries and damages provided the act or omission resulting in the judgment, compromise, or settlement would be eligible for the furnishing of a defense as provided in this section and provided the Board has approved any compromise or settlement agreement.
(D) The provisions of this section for defense and indemnification do not include legal services or expenses for maintaining a counterclaim, maintaining a lawsuit for malicious prosecution, or for any other lawsuit on behalf of an official or employee.
(E) The defense and indemnification provisions of this section shall be applicable regardless of whether the city or any of its departments, agencies, or utilities is a party to the claim or lawsuit and regardless of whether the official or employee may be held liable as an individual for the alleged act or omission which is the subject matter of the claim for lawsuit for injuries and damages, except in those instances in which the claim arose out of criminal acts or omissions of the official or employee.
(F) (1) The provisions of this section for defense and indemnification shall be applicable, in addition to claims and lawsuits for injuries and damages alleging an act or omission of an official or employee, to claims and lawsuits for injuries and damages against an official or employee alleging an act or omission of another person, corporation, or other entity.
(2) The Board shall have the sole and exclusive authority to determine if any adverse judgment is to be appealed to a higher court. In the event of any appeal, either by the plaintiff or by the defendant, the city shall provide attorney services and experience under the same terms as provided in division (B) of this section concerning defense.
(G) Any official or employee against whom a claim for injuries and damages is made or lawsuit for injuries and damages is filed shall notify the Board of the details of the claim or lawsuit for injuries and damages in writing within two business days after becoming aware of the making of the claim or the filing of the lawsuit to be eligible for the defense and indemnification provisions of this section unless the Board specifically waives the notice requirement in writing.
(H) Any official or employee has the right to waive, in writing, the provisions of this section in its entirety and to provide his own defense at his own expense and to provide his own payment of judgments, compromises, or settlements.
(Ord. 82-2, passed 2-8-82)