(a) The City hereby assumes responsibility for providing the legal defense of any claims or litigations against any duly elected official, duly appointed officer or member of any City board, commission or committee, both individually and as such official officer or member, together with all employees of the City, whether full-time or part-time, alleged to have arisen out of any act or failure to act within the scope of his or her regular official duties or under color of office of the City position of such official, officer or member, provided that such act or failure to act was not malicious, motivated for private gain or totally extraneous to the functions of such position. Council hereby delegates to the Director of Law the duty and responsibility of making the final determination as to whether or not any action or circumstance pertaining to an elected or appointed City official, officer, member or full-time and part-time employee, has been conducted within the scope or under color of title of public office and in good faith.
(b) The members of Council, the City administration or any City board, commission, committee or employee, whether part-time or full-time, when acting in good faith, are hereby declared to be 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 shall hold any such official, officer, member or employee, whether full-time or part-time, harmless from any cost or liability arising out of the good faith performance of his or her official duties.
(d) The Director of Law or a special counsel may be designated by Council to defend any Councilperson or administration, board, commission or committee official, officer, member or employee, whether full-time or part-time, requiring defense under this section, as the attorney-at-law to defend any such action. Such special counsel may also be designated by enactment of Council in any case wherein the Director of Law is named a party defendant.
(Ord. 87-86. Passed 11-2-87.)