Whether of the acts said officer and/or employee were done in good faith, without malicious or felonious intent, and within the scope and course of their employment with the Municipality shall be determined by a majority vote of the City Council, and such determination shall be final for the purposes of the representation and indemnity described by this Chapter; provided, however, that in the event such representation and indemnity have been denied by the Municipality, if upon a trial on the merits the City Council determines the officer or employee was acting in good faith, without malicious or felonious intent, and within the scope of employment, the indemnification hereunder shall be granted reasonable legal expenses incurred in the defense of the claim reimbursed.
The City of Waterville shall not be liable for any settlement of any such claim or suit effected without its lawful consent, and the City reserves the right to assert any defense and make any settlement of any claim or suit that its deems expedient.
(Ord. 12-99. Passed 5-24-99.)