§ 2-36. Defense costs.  


Latest version.
  • (a)

    The city shall defend any public official or employee of the city against any claims or lawsuits filed against the public official or employee that are related to the official duties of the public official or employee. Costs of defense may include attorneys' fees, judgments, costs and amounts paid to settle such claim or lawsuit. Defense costs the city may pay shall be limited to those claims for which the city has insurance coverage. In the event the city does not have insurance coverage, defense costs shall be in accordance with directives by the disinterested members of city council. In no event shall the city ever be responsible for or pay any costs associated with the public official or employee retaining his or her own attorney or incurring other costs not in accordance with the provisions of this section unless specifically authorized by city council.

    (b)

    The city shall not be responsible for any costs attributable to any public official or employee if such person is found guilty, by a judge or jury, of negligence, misconduct, malfeasance, or misfeasance in the performance of the public official's or employee's duties.

(Ord. No. 98-102, § 2, 10-8-98)