§ 31.004. INDEMNIFICATION OF ALL OFFICERS, CITY EMPLOYEES AND MEMBERS OF THE VOLUNTEER FIRE DEPARTMENT.

The City shall indemnify all elected and appointed officers, all City employees and members of the Volunteer Fire Department of the City with respect to threatened, pending or completed civil or criminal proceedings to the fullest extent as permitted by law. The City’s responsibility to indemnify the elected and appointed officers, City employees and members of the Volunteer Fire Department shall be subject to the following terms and conditions.

(A) The City shall indemnify any person who was or is a party to threatened, pending or completed action, suit or proceeding, whether civil, criminal, administrative or investigative, by reason of the fact that the person is or was the Mayor, a Member of the City Council or an elected or appointed officer, City employee or member of the Volunteer Fire Department, other than an action instituted by the City against the person. The City shall indemnify the person against expenses, including attorney fees, judgments, fines and amounts paid in settlement actually and reasonably incurred by the person in connection with the action, suit or proceeding if the person acted in good faith and in a manner not opposed to the best interest of the City, except that no indemnification shall be made or required in respect by a court of law to be liable for negligence or misconduct in the performance of the person’s duty to the City. Provided, however, with respect to any criminal action or proceeding, the person shall be indemnified provided that the person had no reasonable cause to believe that such conduct was unlawful. The termination of any action, suit or proceeding by judgment, order, settlement or conviction or upon a plea of nolo contendere or its equivalent shall not of itself create a presumption that the person did not act in good faith and in a manner serving the best interest of the City, and with respect to any criminal action or proceeding, had reasonable cause to believe that the person’s conduct was unlawful.

(B) Expenses incurred in defending a civil or criminal action, suit or proceeding may be paid by the City in advance of the final disposition of the action, suit or proceeding as authorized above, upon receipt of a statement of expenses incurred by or on behalf of the person who is or was the Mayor, a Member of the City Council, an elected or appointed officer, City employee or member of the Volunteer Fire Department of the City to repay the amount unless it is ultimately determined that the person is not entitled to be indemnified by the City as authorized in this chapter.

(C) The indemnification provided by this chapter shall not be deemed exclusive of any other rights to which the person indemnified may be entitled under any agreement as to action in the person’s official capacity and shall continue as to a person who has ceased to be the Mayor, a Member of the City Council, an elected or appointed officer, City employee or a member of the Volunteer Fire Department of the City and shall inure to the benefit of the heirs, executors and administrators of the person.

(‘63 Code, § 1-28-1) (Ord. 96-37, passed 12-16-96)