Sec. 2-4. Indemnification of elected officials and city employees. (a) The city will indemnify and hold harmless all elected and appointed officials, city employees, and volunteers appointed by the city, from any and all claims, demands, causes of action and judgments that may be brought or rendered against them in the performance of their duties, including the taking of any action or the failure to take any action in the capacity in which they serve the city. (b) The city will indemnify and hold harmless said officials and employees from any cost that may be incurred in the defense of any claim or lawsuit that may be filed. The city may designate legal counsel for the purpose of providing representation for said officials and employees under the terms and provisions of this section. Officials and employees may employ outside legal counsel or secure legal advice from attorneys other than the attorneys that the city may provide. However, in doing so, the official or employee will not have an absolute right to the benefits of this section, and the same may be reviewed by the city council as to the reasonableness of the expenses incurred, the appropriateness and adequacy of any defense offered, as well as all other factors relating to the handling of any such claim or cause of action. (c) The city has no obligation to pay any damages or expenses incurred by reason of willful and intentional acts and conduct that are injurious to the city or other city officers or employees or by reason of any illegal or unlawful actions of such officers or employees. (Ord. No. 550, § 1, 6-17-86; Ord. No. 1577, § 19, 8-1-2006) Sec. 2-5. Emergency action. Every officer, agent or employee of the city, while responding to emergency calls or reacting to emergency situations, is hereby authorized to take such action as is deemed necessary by him/her to most effectively deal with the emergency. This provision shall prevail over every other ordinance of the city and, to the extent to which the city has the authority to so authorize, over any other law establishing a standard of care in conflict with this section. The city and its officers, agents and employees are not liable for any failure to use a nonemergency standard of care in such emergency. (Ord. No. 517, § 1, 11-19-85; Ord. No. 1577, § 19, 8-1-2006) Secs. 2-6--2-10. Reserved. |
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