The obligation to indemnify shall not extend to acts of malice, acts of a willful or wanton nature, criminal acts, acts calculated to accrue to the personal benefit of an individual officer, appointee, building corporation member, employee, council member or other duly authorized agent, or acts which are clearly beyond the duties and/or scope of authority of the person or persons. Exoneration by a court of law shall be conclusive as to the absence of malice, criminality and other similar conditions. In the absence of a judicial determination, a determination as to the presence of these conditions shall be made by the Board of Public Works and Safety and be presented to the Common Council in the form of a written finding. The finding of the Board of Public Works and Safety shall prevail unless the Council, within 30 days of the receipt thereof, passes a resolution rejecting the finding.