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HomeMy Public PortalAboutORD10544 BILL NO. SPONSORED BY COUNCILMAN ORDINANCE NO. j ®� AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE CODE OF THE CITY OF JEFFERSON, MISSOURI BY ADDING A SECTION PROVIDING FOR THE INDEMNIFICATION AND LEGAL REPRESENTATION OF OFFICIALS AND EMPLOYEES OF THE CITY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1. That the Code of the City of Jefferson, Missouri be amended by the adoption of a new section to be known as 2-114 and to read as follows : Section 2-114 . Indemnification and Representation in Actions (a) Any officer or employee who is liable for the payment of any claims or 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. 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 indemnification hereunder shall be granted and reasonable legal expenses. incurred in the defense of the claim reimbursed. The city shall not be liable for any settlement of any such claim or suit effected without its consent, and the city reserves the right to assert any defense and make any settlement of any claim or suit that it deems expedient. (b) The city shall have the right and duty to provide legal representation through the city counselor, or in its discretion through the selection of outside legal counsel, to any officer or employee sued in connection with any claim for damages or other civil action against such person arising out of the course and scope of employment, provided that such officer or employee is entitled to indemnification as set forth in this section. Such legal representation shall be provided at no cost to the officer or employee, and any officer or employee may have his or her own counsel assist in the defense at the sole expense of the officer or employee. The officer or employee shall cooperate fully with the city in preparation and presentation of the cane, and the failure to cooperate shall waive such officer's or employee's right to representation and indemnity under this section. Section 2. This ordinance shall take effect immediately upon its final passage, and the provisions hereof shall be applicable to all incidents arising or claims originally asserted thereafter. Passed / - - 0,or Approved ren ' ing Offi r Mayor ATTEST: City Clerk