HomeMy WebLinkAboutD-507 Indemnification EmployeesORDINANCE D 507
AN ORDINANCE PROVIDING FOR THE DEFENSE
AND INDEMNIFICATION OF CITY OFFICIALS, APPOINTEES,
EMPLOYEES AND OTHER AGENTS
WHEREAS, the laws of the State of Indiana provide that a City
shall pay a judgment, compromise or settlement of a claim when
the act or omission causing the loss is within the scope of any
employees employment, and the governing body determines that it
is in the best interest of the City to do so; and
WHEREAS, the City of Carmel, Indiana., has retained the ser-
vices of its officials, appointees, employees, and other
agents to provide quality government for its citizens; and
WHEREAS, it is deemed by the Common Council of the City of
Carmel, Indiana, that in order to keep and attract talented indi-
viduals to City service, any individuals financial risk of expo-
sure needs to be minimized; and
WHEREAS, it is in the best interest of the citizens of the
City of Carmel that City officials, officers, appointees,
employees and other agents be indemnified and that the City pro-
vide for a defense of said persons;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMOM COUNCIL OF THE
CITY OF CARMEL, INDIANA, THAT:
1. The City of Carmel, Indiana, shall indemnify and defend
its respective officials, officers, appointees, employees, coun-
cil members, duly authorized agents, and building corporation
members without expense to thoses persons, with respect to any
action filed against them in
their official or individual capacities, or both, if the action
complained of, was done within the scope and arising out of the
performance of their official duties or responsibilities.
2. The indemnification under this section shall encom-
pass any judgment recovered against any such officer, official,
appointee, employee, duly authorized agent, council member or
building corporation member, in any Court of law having juriSdic-
tion thereof, arising out of any civil action 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.
3. That the City of Carmel, Indiana, reserves the right, by
and through its Ecar~ of~.~'~:- ..orks an~ -~-~°'~ ...., to approve any
compensation to be paid to any attorney hired by any person,
board, commission, or other entity covered under this indemnifac-
tion ordinance The B~_ard c~ Public Wcrks --~ °-~-~-- shall not
unreasonably withhold approval of any qualified attorney obtained
by any employee to defend that employee in litigation filed
against ~..~.., however the Ecard of~__~'~ w~= .... ~nd. ~=~3°-~ .... may
put an hourly rate maximum on the hourly rate for which the City
shall indemnify the employee pursuant to this ordinance·
4. That the obligation to indemnify shall not extend to
acts of malice, acts of a willful or wanton nature, criminal acts,
acts calculated to accrue to the personal benefit of an indivi-
dual officer, appointee, building corporation member,
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. 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 there passes a
resolution rejecting the finding.
5. For purpose of this ordinance, the terms: officers,
appointees, employees, officials, building corporation members,
council members, and other duly authorized agents, shall include:
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
all other employees of the City of Carmel, Indiana.
6. Nothing in this ordinance shall be construed to obligate
any insurance company with which the City of Carmel has a policy,
to provide more or less coverage than that provided for by said
insurance policy.
7. This ordinance shall be in full force and effect from
and after its passage and approval.
This ordinance shall be
in full
force and effect from and
after its passage. Passed by the Common Council of the City of
Carmel, Indiana, on this / day of August, 1986.
ATTESTATION:
A COC
Clerk-Treasurer
COMMON COUNCIL FOR THE CITY
OF CARMEL, INDIANA
By A. REI~N,~~'
~ Officer
APPROVED:
DATE:
~ty of Carmel
ATTESTATION:
D6R~HY J. ~N~OCK
Clerk-Treasarer