(A) As used in this section, OFFICIAL includes all elected and appointed officials. The words ELECTED AND APPOINTED OFFICIALS specifically include, but are not limited to, those persons acting as trustees, councilmen, or commissioners for the city (acting individually or as a member of a board or committee), or persons holding a title, and operating in or with the business office of the city, any person acting in an official capacity and supervising elections, and any police officer on the payroll of the city. The definition of the word OFFICIAL is to include any employee. The word EMPLOYEE includes any person on the payroll of the city under contract of hire, expressed or implied, over which supervision is maintained. Coverage is to extend to officials and employees when and while acting in the scope of their duty.
(B) The city agrees to defend and pay on behalf of all public officials any claim or claims made against them individually or collectively, resulting from the performance of their duties on behalf of the city.
(C) The city shall not be liable to make any payment in connection with any claim made against public officials:
(1) Based upon or attributable to their gaining in fact any personal profit or advantage to which they were not legally entitled, including remuneration paid in violation of law as determined by the court;
(2) Brought about or contributed to by fraud or dishonesty of a public official. Notwithstanding the foregoing, the public official shall be protected under the terms of this act as to any claims upon which suit may be brought against him by reason of any alleged fraud or dishonesty on the part of any public official, unless a judgment or other final adjudication thereof adverse to the public official shall establish that acts of active or deliberate dishonesty or fraud committed by the public official was material to the cause of action adjudicated;
(3) Which is insured by another valid policy or policies.
(D) In the event the city establishes an account for the administration of an insurance plan for its employees, the administrators of the plan may be authorized to execute and issue checks from the account with restrictions and limitations as may be required by the Council.
(Ord. O-20-77, passed 4-19-77; amend. Ord. O-10-02, passed 4-2-02)