O-1986-1506 - Laserfiche WebLink

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. . ORDINANCE NO. l506 AN ORDINANCE PROVIDING FOR LEGAL DEFENSE AND INDEMNIFICATION OF CITY OFFICERS AND EMPLOYEES: CONTAINING A SEVERABILITY CLAUSE: FINDING COMPLIANCE WITH THE OPEN MEETINGS LAWS: AND PROVIDING FOR AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section L Legal defense and indemnification of city officers and employees. (a) Definitions. For purposes of this section the term "officer" shall include any elected or appointed official of the city, and the term "employee" shall include all employees of the city, whether under civil service or not, including firemen and policemen. (b) Indemnification. Any officer or employee who is liable for the payment of any claims or damages, excluding punitive damages, arising out of the course and scope of employment shall be entitled to indemnification by the city provided that the acts or omissions resulting in such liability were done in good faith and without malicious or felonious intent. For the purposes of this section, the term "arising out of the course and scope of employment" shall not include any action which occurs during a period of time in which the officer or employee is engaged in outside employment or is rendering contractual services to someone other than the city. Whether the acts were done in good faith, without malicious or felonious intent, and within the course and scope of employment shall be determined by the city, and such determination shall be final for the purposes of the representation and indemnity of this section: provided, however, that in the event such representation and indemnity have been denied by the city, if upon a trial on the merits, the city determines that the officer or employee was acting in good faith, without malicious or felonious intent and within the scope of employment, the indemnifi- cation hereunder shall be granted and reasonable legal expenses incurred in the defense of the claim reimbursed. The city shall not