(A) Indemnification.
(1) Any member of Council, public official or employee of the city, who is liable for the payment of any judgment for compensatory damages arising from liability incurred in the performance of his duties as a member of Council, public official or employee shall be entitled to indemnification by the city, providing any court has made a finding that the acts or omissions resulting in such liability were done in good faith and without malicious or felonious intent.
(2) If upon a trial on the merits of such claim, the court finds the Council member, public official or employee was acting in good faith, and without malicious or felonious intent, and within the scope of employment, the indemnification hereunder shall be granted, and legal expenses incurred by the Council member, public official or employee in defense of the claim shall be reimbursed.
(B) Representation. The city shall have, upon a majority vote of Council, the right and duty to provide legal representation through the City Attorney, or through outside legal counsel, to any member of Council, public official or employee sued in connection with any claim for damages or other civil action against such person arising out of his duties as a member of Council, public official or employee.
(C) Nonindemnifiable circumstances. The city shall not indemnify any member of Council, public official or employee under any of the following circumstances:
(1) To the extent the member, public official or employee is covered by a policy of insurance for civil liability purchased by the city;
(2) When the member, public official or employee is found by a court to have acted outside the scope of his duties or official responsibilities as a member of Council, public official or employee;
(3) When the member, public official or employee is found by a court to have acted with a malicious purpose or in bad faith;
(4) When the member, public official or employee is found by a court to have acted in a wanton or reckless manner; or
(5) For any portion of a judgment that represents punitive or exemplary damages.
(D) Amount of indemnification.
(1) The maximum aggregate amount of indemnification paid directly from city funds to or on behalf of any member of Council, public official or employee pursuant to this section shall be $250,000 per occurrence, regardless of the number of persons who suffered damage, injury or death as a result of such occurrence.
(2) The maximum amount to be paid directly from city funds to or on behalf of any Council member, public official or employee for legal expenses and/or attorney fees shall be $10,000 per occurrence.
(E) Effective date. The provisions of this section shall be applicable to all incidents arising after the lawful passage and adoption of this section.
('73 Code, § 167.01) (Ord. 47-85, passed 11-20-85)