§ 29-3. Supplemental indemnification.

A. 

The City shall indemnify and save harmless its employees in the amount of any judgment obtained against such employees in a state or federal civil administrative action or proceeding or in the amount of any settlement of a claim, provided that the act or omission from which such judgment or claim arose occurred while the employee was acting within the scope of his/her public employment or duties; provided, further, that in the case of a settlement the duty to indemnify and save harmless shall be conditioned upon the approval of the amount of settlement by the City. The duty to indemnify and save harmless prescribed by this section shall not arise where the injury or damage resulted from intentional wrongdoing, maliciousness or recklessness on the part of the employee.

B. 

The City shall indemnify and save harmless its employees in the amount of any costs, attorneys fees, damages, fines or penalties which may be imposed by reason of an adjudication that any employee acting within the scope of his/her public employment or duties has, without willfulness or intent on his/her part, violated a prior order, judgment, consent decree or stipulation of settlement entered in any civil administrative action or proceeding of this state or of the United States.

C. 

The City shall also indemnify and save harmless its employees in the amount of any punitive damages in accordance with the following procedure and such additional procedures as may be established by the Corporation Counsel:

(1) 

Within 20 days of an employee's delivery of a summons or complaint, process, notice, demand or pleading containing a demand for punitive damages, the Corporation Counsel shall make findings and an initial determination whether the employee should or should not be indemnified against any punitive damages, based upon the facts and circumstances then known to the Corporation Counsel as follows:

(a) 

Whether the employee's actions were or were not within the scope of his/her employment.

(b) 

Whether the employee's actions were or were not reckless, malicious, grossly negligent or otherwise outside of the standards required for employees holding comparable positions with the City.

(c) 

Whether the employee's actions were or were not made in good faith and in the best interests of the City.

(d) 

Whether the employee did or did not willfully violate a clearly established provision of law or City policy.

(2) 

In the event that the Corporation Counsel is a named defendant in an action or proceeding or cannot serve for any other reason, the Deputy Corporation Counsel shall serve in stead of the Corporation Counsel on the matter under review. In the event that neither the Corporation Counsel nor the Deputy Corporation Counsel can serve, the City Manager shall appoint another City commissioner to serve in stead of the Corporation Counsel on the matter under review.

(3) 

In the event of a final judgment of punitive damages against the employee, the employee shall serve copies of such judgment personally or by certified or registered mail within 10 days of the date of entry upon the Corporation Counsel and upon the City Clerk on behalf of the City Council. The City Council shall meet as soon as practicable in executive session to review, make findings, taking into consideration and giving weight to the initial and any additional findings made by the Corporation Counsel (provided the employee did not formerly misrepresent or omit material facts evidenced at trial), and determine if the following have been met and, if so met, shall appropriate the funds necessary to pay such punitive damages:

(a) 

The judgment of punitive damages is based on an act or omission of an employee acting within the scope of his/her employment;

(b) 

At the time of the action or omission giving rise to the liability, the employee acted without recklessness, without maliciousness and without gross negligence and otherwise within the standards required for employees holding comparable positions with the City;

(c) 

At the time of the act or omission, the employee acted in good faith and in the best interests of the City; and

(d) 

At the time of the act or omission, the employee did not willfully violate a clearly established provision of law or City policy.

(4) 

Deliberations, findings and determinations of the Corporation Counsel and City Council shall remain confidential.