§ 110-1. Claims Against City Employees in Their Individual Capacities.

The city solicitor, upon approval by the city manager, may authorize the proper officers to pay compensatory damage claims arising out of a civil action, or threat of civil action, or settlements arising therefrom. The council shall authorize the payment of any judgment, expenses, costs and attorney fees which are assessed, after a trial before a judge or jury, against any city employee, officer, agent, member of any city board, commission, or member of council when such claim resulted from activities which were done in:

(a)

Good faith, and

(b)

In the reasonable belief that such activities were in the best interest of the city and in furtherance of the official practices and policies of the city, and

(c)

Within the scope of authority of the person so acting, and

(d)

Within the course of employment of the person so acting, and

(e)

Were not willful, malicious or wanton.

Nothing in this section shall be construed as waiving the city's defense of governmental function or governmental immunity in any action brought against the city or its employees, officers, agents, members of any city board or commission, or members of council for damages.

(C.M.C. 109-12; ordained by Ord. No. 413-1973, eff. Oct. 12, 1973; a. Ord. No. 267-1976, eff. June 23, 1976; renumbered to C.M.C. 110-1 by Ord. No. 249-1979, eff. July 13, 1979)