(a) The City of Streetsboro does hereby assume responsibility for providing the legal defense of any claims or litigations against any duly elected official and any duly appointed officer or members of any City Board, Commission or similar Committee of said City, both individually and as such official or officer, alleged to have arising out of any act or failure to act within the scope of the regular official duties or under color of office of the City position of such official member or officer, provided that such act or failure to act was not malicious, motivated for private gain and was not totally extraneous of the functions of said City position. That Council hereby delegates the duty and responsibility of making final determination as to whether or not any action or circumstances pertaining to an elected or appointed City official has been conducted within the scope or under color of title of public office and in good faith to the Law Director.
(b) The members of the City Council, the City Administration or any City Board, Commission or similar Committee, when acting in good faith, are declared exempt from individual liability whether for the exercise of their legislative discretion in voting, as members of Council, for or against any proposed legislation, before them for consideration, or in exercising any of the duties, privileges and responsibilities of their title or position with the City.
(c) The City of Streetsboro shall hold any official member or officer harmless from cost or liability arising out of the good faith performance of official duties.
(d) The City of Streetsboro Law Director or Special Counsel, with approval of the Law Director, may be designated by any Council Member, Administration, Board, Commission or similar City Committee member requiring defense under this section as the Attorney or Attorneys at Law to defend any such action. Special Counsel may also be designated by enactment of City Council in any case wherein the Law Director is named a party Defendant. (Ord. 2001-138. Passed 7-23-01.)
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