§ 2.40.140. Employee indemnification authorized when.

A.

The metropolitan government is authorized to indemnify an employee from a judgment against him to an amount as provided hereafter if:

1.

The judgment results from an act or omission arising out of the performance of his official duties and while engaged in the course of his official duties, and while engaged in the course of his employment with the metropolitan government, and does not result from wilful, wanton or malicious wrongdoings, violations of departmental rules, or violations of orders and rules of the metropolitan government; and

2.

The department of law has furnished defense counsel to the employee and the employee has cooperated with the defense counsel.

B.

The director of law and head of the department, board, commission or agency in which the employee is employed shall have the discretion to determine whether or not the authority to indemnify an employee as set out in subsection A of this section shall be exercised. Additionally, the director of law and the head of the department, board, commission or agency in which the employee is employed shall have the discretion to determine what amount, if any, an employee may be indemnified, subject to Section 8.103(e) of the Metropolitan Charter, but in no event shall such indemnity exceed the amount of fifty thousand dollars for each person injured or property damaged in one incident or accident, and one hundred thousand dollars for all personal injuries and property damage in one incident or accident.

(Prior code § 32-1-87)