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HomeMy WebLinkAbout1986-1644 - Ordinance - 03/27/1986ORDINANCE NO. ]644 AN ORDINANCE AMENDING CHAPTER 8 OF THE CODE OF ORDINANCES OF THE CITY OF COLLEGE STATION BY ADDING A NEW SECTION 11, ENTITLED "IN- DEMNIFICATION OF ELECTED AND APPOINTED OFFICIALS AND CITY EMPLOY- EES''. WHEREAS, heretofore previously, the City of College Station has established an informal policy and practice to indemnify all elected and appointed officials and employees of the City, wheth- er by reason of contract, on a per diem, or regular salaried em- ployees, from any lawsuits, claims or causes of action that may be brought growing out of any action taken by them or alleged failure on their part to take appropriate action as public offi- cials and employees of the City of College Station; and WHEREAS, the purpose and intent of this Ordinance is to provide codification of the herein previously established policy and practice of the City of College Station; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: That Chapter 8 of the Code of Ordinances of the City of College Station be and the same is hereby amended by adding a new Section 1], which shall read as follows: "SECTION ]]: INDEMNIFICATION OF ELECTED AND APPOINTED OFFICIALS AND CITY EMPLOYEES. ae The City of College Station shall indemnify and hold harm- less all elected and appointed officers, including volun- teers appointed by the City and employees of the City, from any and all claims, demands, causes of action, judgments or costs associated therewith, that may be brought or rendered against them in the performance of their duties as defined by the expressed, written, or oral policy of the City Coun- cil of the City of College Station, or by direct order of the City Manager interpreting the directive of the City Council. Upon determination by the City Council that the official's or employee's conduct was not illegal, unlawful, willfully, or intentionally malicious, negligent or otherwise in viola- tion of the policy of the City Council of the City of Col- lege Station, the City Council shall designate legal counsel for the purpose of providing representation for said persons under the terms and provisions of this section. In the event that any person defended hereunder seeks the advice of and employment of outside legal counsel, the right to benefits hereunder shall be subject to approval of the City Council of the City of College Station. Approval by the City Council of the use of outside counsel shall be sub- ject to the reasonableness of the expenses incurred, the ap- propriateness and adequacy of any defense offered, as well as all other factors relating to the handling of any such claim or cause of action. De The City Council of College Station shall have no obliga- tion for payment of any damages or expenses incurred by reason of illegal, unlawful, willful, or intentional acts of a malicious nature, negligent acts, or actions otherwise in violation of the policy of the City Council of the City of College Station. Nor shall the City of College Station have any obligation by operation of law to indemnify or hold harmless any individual from any award of punitive damages." II. Should any section, paragraph, sentence, clause, phrase or word of this ordinance be declared unconstitutional or invalid for any purpose, the remainder of this ordinance shall not be affected thereby. III. This ordinance shall become effective from and after its passage and publication in accordance with the City Charter of the City of College Station. PASSED, 19 86 ADOPTED and APPROVED this City SEcretary 27TH day of March ., KAYO/~ARY HALTER 2 -