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