(a) Upon the finding of Council that a City officer or employee has been sued in a civil action as the result of his good faith discharge of the duties imposed upon him by law or ordinance, the Law Director is hereby authorized and directed to act as the legal counsel of each officer or employee and to defend such civil action on behalf of such officer or employee. If, in the opinion of the Law Director, upon consideration of the nature of such action and the extent of the existing duties of his office, the employment of special legal counsel is necessary, the Law Director is further authorized and directed to appoint special legal counsel to assist him in the defense of such action.
(b) The finding of Council shall be expressed in the form of a motion adopted by a majority of the members elected thereto. However, neither the finding nor anything contained in this section shall be construed as waiving the City's defense of governmental function or governmental immunity, nor shall such finding or any provision hereof be construed to impute the liability of any such officer or employee to the City, nor shall such finding or any provision hereof be construed to require the City to pay any judgment rendered against such officer or employee, nor shall such finding or any provision hereof be construed to require the City to reimburse any such officer or employee for legal expenses incurred in obtaining legal counsel.
(Ord. 50-70. Passed 3-2-70; Ord. 160-00. Passed 7-10-00.)
(c) In the event that a City employee is prosecuted upon a warrant or indictment based upon actions within the scope of his or her employment, upon the termination of the action based upon such warrant or indictment and on a basis other than a finding that such employee was guilty, Council shall determine, by motion, whether the employee was acting in good faith and within the scope of his or her employment. If Council determines that the member was acting in good faith and within the scope of his or her employment, the City Auditor shall be directed to reimburse such member for all reasonable attorney fees necessarily incurred in the defense of such action.
(Ord. 405.70. Passed 11-16-70; Ord. 74-87. Passed 1-18-88.)