[HISTORY: Adopted by The Mayor and Council of New Castle 8-9-1977
by Ord. No. 227. Amendments noted where applicable.]
A.
For purposes of this chapter, the term "city officers
and employees" shall include The Mayor and Council of the City of New Castle
and all elected or appointed officers and persons serving on any Commission
or Board of the City of New Castle and all employees of the City of New Castle.
B.
The City Solicitor shall undertake the representation
or defense without charge to any city officer or employee with respect to
any claim or cause of action arising out of or related to the performance
by said officer or employee of his public duties.
C.
An officer or employee who is held liable for the payment
of any claims arising out of a civil action, or settlements, judgments, expenses,
costs and awards or attorney's fees arising therefrom, shall be entitled
to indemnification therefor where the claim shall have been determined by
the City Solicitor, subject to the approval of Council, to have resulted from
activities which:
(1)
Were done in good faith.
(2)
Were done in the reasonable belief that such activities
were in the best interest of the city and in the furtherance of the official
practices and policies of the city.
(3)
Were within the scope of authority of the person so acting.
(4)
Were within the course of employment of the person so
acting.
(5)
Were not willful, malicious or wanton.
D.
Nothing in this section shall be construed as waiving
the city's defense of governmental immunity where such defense exists
in any action brought against the city, its officers or employees.
This section shall be effective immediately and shall apply to any and
all claims or causes of action involving present or former officers or employees
of the city who are able to demonstrate their right to indemnification pursuant
to this section, irrespective of the date or dates on which the costs which
are the subject of the right to indemnification were incurred or assessed.
