(a) Any public official or employee of the City, while acting for the City shall not thereby incur personal civil liability and such persons are hereby relieved from all personal civil liability, for any loss, damage, expense and cost including court costs and reasonable and necessary attorney fees, arising from, growing out of, by reason of, or in any way connected with any acts or omissions of such elected officials, officers, agents and employees in the performance of their official duties. Further, all such indemnification shall extend to elected officials, officers, agents and employees notwithstanding the fact that performance of their official duties may be professional in nature.
(b) Exclusions. In no event shall protection be offered under this Chapter by the City to:
(1) Any dishonest, fraudulent, willful, intentional or malicious act or course of conduct of an official or employee;
(2) Any act or course of conduct of an official or employee which is not performed on behalf of the City;
(3) Any act or course of conduct which is outside the scope of an official’s or employee’s service or employment with the City;
(4) Any lawsuit brought against an official or employee by or on behalf of the City: and/or
(5) Any officer or employee being investigated for or charged with a crime.
(c) The indemnification provided herein shall pertain to any civil action arising under federal, state or local law.
(d) As used in this Chapter the words, “public official or employee" of the City shall be construed to include any elected official, officer. agent or employee presently in the employ of the City and persons who were so employed by the City at the time when a cause of action may have accrued against them.
(Ord. 2018-1. Passed 1-25-18; Ord. 2020-66. Passed 1-28-21.)