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HomeMy WebLinkAboutD-1533-01 DEFEATEDSponsor(s): ORDINANCE NO. D-1533-01 AS AMENDED AN ORDINANCE OF THE COMMON COUNCIL INDIANA AMENDING CHAPTER 2, ARTICLE 3, DIVISION 2-31, 2-32, AND 2-33 OF THE OF CARMEL, ~ 2-29, 2-30, WHEREAS, the Common Council of the City of Carmel City Code; and, the authority to amend the WHEREAS, the Common Council Section 2-29, 2-30, 2-31, 2-32, AND 2-33 2, Article 3, Division I, NOW, THEREFORE, BE IT Carmel, Indiana, as follows: Common Council of the City of Section I! Section language which is underlined, to read 2ode hereby is amended by the deletion of the by the addition of the language which is Section and Defense. The Cit~ officials, officers, them within the q shall indemnify and defend its respective current and former council members, duly authorized agents, and building expense to those persons, with respect to any action filed against capacities, or both, if the action complained of, was done out of the performance of their official duties or responsibilities and Section 2-30 of the Carmel City Code hereby is amended by the deletion of which is stricken-through and by the addition of the language which is to read as follows: Scope of Employment, Authority and Appointment The indemnification under this Division shall encompass the defense for and any recovered against any such officer, official, appointee, employee, duly authorized council member or building corporation member, in any Court of law having jurisdiction thereof, arising out of any civil action, including actions arising out of tort, contrack or violations of civil fights laws, brought to recover damages to persons or property resulting from alleged acts of negligence, omission, or other wrongful acts of said persons acting within the scope of his or her employment, authority, or appointment. Section III: Section 2-31 of the Carmel City Code hereby is amended by the deletion of the language which is stricken-through and by the addition of the language which is underlined, to read as follows: Section 2-31 Common Council Approval ~osat~yRequired. In order for the indemnification referenced in Secs. 2-29 and 30 to be afforded by t~he City of Carmel, Indiana, through the representation by any attorney other than the City Attorney ................~.~, j ~.~ ..... ~ .... the Common Council shall approve the terms of any compensation agreement or arrangement with m-be-pai44e-any attorney proposed to be hired by any person, board, commission, or other entity covered under this indemnification Division prior to the hiring of any attorney for such purpose. The Common Council shall not unreasonably withhold approval of any qualified attorney desired to be obtained by any employee, officer, official, appointee, duly authorized agent~ council member or building corporation member to defend that employee, officer, official, appointee, duly authorized agent, council member or building corporation member in litigation filed against kc cr :kchim or her;: hl~I_owever~ the Common Council may put an hourly rate maximum on the hourly rate for which the City shall indemnify the employee, officer, official, appointee, duly authorized agent, council member or building corporation member pursuant to this provision. Section IV: Section 2-32 of the Carmel City Code hereby is amended by the deletion of the language which is stricken-through and by the addition of the language which is underlined, to read as follows: Section 2-32 Certain Acts Not Inden-mified. The obligation to indemnify shall not automatically extend to acts of malice, acts of a willful or wanton nature, criminal acts, defense for investigations into alleged criminal acts, defense for grand iury investigations or proceedings when the person is the target of the investigation or proceeding, acts calculated to accrue to the personal benefit of an individual officer, appointee, building corporation pmember, employee, council member or other duly authorized agent, or acts which are clearly beyond the duties and/or scope of authority of such person or persons. The Common Council reserves the discretion to reimburse an officer, appointee, employee, official, building corporation member, council member or other duly authorized agent for representation based upon the outcome or result of the allegation, investigation, or proceeding. Exoneration by a court of law shall be conclusive as to the absence of malice, criminality and other such conditions. In the absence of such a judicial determination, a determination as to the presence of such conditions shall be made by the Board of Public Works and Safety and be presented to the City Council in the form of a written finding. The finding of the Board of Public Works and Safety shall prevail unless the Council within thirty (30) days of the receipt thereof passes a Resolution rejecting the finding. Section V: Section 2-33 of the Carmel City Code hereby is amended by the deletion of the language which is stricken-through and by the addition of the language which is underlined, to read as follows: Section 2-33 Definitions For purposes of this Division, the terms: officer, appointees, employees, officials, building corporation members, council members, and other duly authorized agents, shall include a person presently or formerly serving in any of the following positions: all Department heads and their appointees and employees; members of any building corporations; members of any boards and commissions of the City; all elected or appointed officials of the City; and ail other employees of the City of Carmel, Indiana. Section VI: All prior Ordinances or parts thereof inconsistent ~vith any provision of this Ordinance are hereby repealed. Section VII: This Ordinance shall be in full force and effect from and after its passage and signing by the Mayor. PASSED by the Common Council of the City of Carmel, Indiana this __ ,2001, by a vote of ayes and __ nays. day of COMMON COUNCIL FOR THE CITY OF CARMEL, INDIANA Presiding Officer John R. Koven Kevin Kirby, President Pro Tempore N.L. Rundle Robert Battreall Luci Snyder Ronald E. Carter Wayne Wilson ATTEST: Diana L. Cordray, IAMC, Clerk-Treasurer 3 Presented by me to the Mayor of the City of Carmel, Indiana this day of ,2001,at .M. Diana L. Cordray, IAMC, Clerk-Treasurer Approved by me, Mayor of the City of Carmel, Indiana, this day of ., 2001, at .M. Mayor James Brainard ATTEST: Diana L. Cordray, IAMC, Clerk-Treasurer Prepared by: Sue A. Beesley McHale, Cook & Welch, p.c. 1100 Chamber of Commerce Bldg. 320 N. Meridian Street Indianapolis, IN 46204 264632 4