(a) The City will comply with the Ohio Revised Code with respect to defense and settlement of claims against “City employees”, which shall mean for the purpose of this section the following while acting within the scope of their duties: its full-time employees, part-time employees, permanent part-time employees, temporary employees, members of the Police Auxiliary and members of the City’s Volunteer Fire/Rescue Department, both appointed and elected officials, and board and commission members. “City employee” shall not be construed to mean employees, board members, commission members and all other positions of the City Health Department or the City school district.
(b) Employee Duty to Notify Law Director. An employee shall promptly report to the City Law Director, in writing, all claims, lawsuits, accidents or incidents that have a reasonable chance of becoming a claim or lawsuit and must reasonably cooperate with the City to defend the threatened litigation, action, suit or proceeding. If prompt notification in writing is not provided, or if reasonable cooperation is not provided, then the protection afforded by this section shall be void.
(c) Criminal Action Terminates Indemnification. Once it has been determined by the City that there was criminal action which gave rise to the claim, all related defense and indemnity is terminated and any defense costs incurred by the City on behalf of the employee shall be reimbursed to the City by the employee.
(d) Employee’s Election to Defend and Settlement. If an employee elects to defend him or herself, any such defense costs incurred shall be the sole responsibility of the employee. Further if an employee elects not to settle a claim as recommended by the City, then any additional amounts incurred by the City as a result of further litigation, including additional attorney fees, court costs, and damages (including interest on judgments), shall be borne by the employee.
(Ord. 119-05. Passed 12-19-05.)