Chapter 2.08
INDEMNIFICATION OF MAYOR AND COUNCIL MEMBERS
Sections:
2.08.020 Indemnification required.
2.08.010 Statement of policy.
The city council declares and states that small cities throughout the state have a need to attract and maintain qualified and capable persons to be mayor and/or members of the city council. Along with this need, there is a growing concern regarding the liability of the mayor and council members for acts performed in good faith and on behalf of the city in connection with the regular duties of the mayor and/or council members. The city declares that it is important that the city’s resources, including insurance protection, stand behind the acts of the mayor and/or council members undertaken in connection with the duties and responsibilities of mayor or council member. As such, the city council declares that it is their intent that the city should by this chapter establish a policy of indemnifying and defending the mayor and council members against claims brought or asserted in connection with the fulfillment of the duties of the position of the mayor or council member. (Ord. 600 § 1, 1986)
2.08.020 Indemnification required.
A. The city from and after the effective date of the ordinance codified in this section indemnifies the mayor, members of the city council and all city employees from any claim, demand, or lawsuit which results from any act or decision not to act in the course of the fulfillment of the mayor’s, council member’s or employee’s duties as officials and employees for the city. In addition, the city shall defend the mayor, any council members and any employee from any demand, claim or lawsuit which is brought and for which the city has an obligation to indemnify as provided in this section.
B. The requirement of the city to indemnify shall encompass all acts or decisions not to act by the mayor, city council members or city employees which occur in the fulfillment of the duties and activities which relate to the position of mayor, council member or employee. The requirement to indemnify shall not encompass an act or occurrence which is outside the scope of the fulfillment of the mayor’s, council member’s or employee’s duties for the city. Intentional misconduct such as assault, battery, infliction of distress, and any act which constitutes a crime under city, state or federal law shall not be considered within the scope of duties of the mayor, council members or employees. (Ord. 675 § 2, 1990; Ord. 600 § 2, 1986)