Chapter 105 Indemnification
105.02: City Indemnification
105.03: Types of Claims
For the purpose of this chapter, the following definitions are stated:
COMMISSION MEMBERS: All persons serving on a commission established by the City Council or by state law as a part of city government including, but not limited to, the planning commission, civil service commission, human rights commission, public works and transportation commission and parks and recreation commission. This also includes any member of a commission or other entity appointed or approved by the City Council, pursuant to a joint powers agreement with other governmental bodies.
EMPLOYEES: All employees of the city including part time employees and volunteers working under the direct supervision of a city employee. (Ord. 1269, 9-23-2002)
105.02: CITY INDEMNIFICATION:
In accordance with applicable state statutes, the city will defend, insure, and indemnify all employees, officers, commission members and City Council members of the city against losses sustained by liability claims for damages resulting from their torts, including those which the city claims immunity, which arise out of their conduct in the course of and scope of their employment or official actions.
The city will provide defense or reimburse legal fees of its appointed and elected officials in proceedings which may be related to their service as city officials, including any legal action taken to enforce this chapter, to the same extent and in accord with the state statutory provisions applicable to nonprofit corporations. Issues or disputes regarding eligibility, or the scope of coverage under this section shall be made by those members of the City Council disinterested in the proceeding, or upon the request of any council member by a special committee established by the City Council upon the recommendation of the city attorney. (Ord. 1269, 9-23-2002)
105.03: TYPES OF CLAIMS:
The indemnification and insurance set forth in section 105.02 of this chapter includes claims arising out of accidents, occurrences, acts or omissions, or to reimburse any elected official who takes legal action against the city or its employees or officials for failure to provide public information to an elected official, or where the public information is provided in a discriminatory manner. (Ord. 1269, 9-23-2002)
The indemnification of section 105.02 of this chapter applies regardless of the amount of the claim, even if claims are in excess of limits set by Minnesota law. (Ord. 1269, 9-23-2002)
By adoption of this chapter, the city does not waive any limit or immunity from liability established by Minnesota law, and reserves the right to assert such limits or immunity in defending any person pursuant to this chapter. (Ord. 1269, 9-23-2002)
The City Council will have sole discretion to purchase insurance or self-insure for the protection of the persons covered by this chapter. (Ord. 1269, 9-23-2002)
The insurance and indemnification established by this chapter shall not apply to the following acts or conduct:
A. Action or conduct beyond the scope of a person's employment or responsibility.
B. Intentional acts which violate any of the following: criminal statutes, ordinances or regulations of the United States, the state of Minnesota or the city except as allowed pursuant to Minnesota statutes 317A.521 and 465.76.
C. Intentional acts which violate an established city policy as set forth by the city manager or City Council. (Ord. 1269, 9-23-2002)
It shall be a violation of this code, punishable by misdemeanor prosecution, for any employee or elected official to interfere with the indemnification or reimbursement process. (Ord. 1269, 9-23-2002)