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<br />. <br /> <br />. <br /> <br />. <br /> <br />17. Indemnification. <br /> <br />a. <br /> <br />Subject to the conditions set forth in this <br />provision, the City shall defend and indemnify any of <br />its offices and employees, whether elective or <br />appointive, for damages claimed or levied against <br />them, for any injury or loss alleged to have occurred <br />in the performance of his/her duties as a member of <br />City Councilor as a City employee; provided, <br />however, that the employee: <br /> <br />(i) Was acting in the performance of the <br />duties of his/her position; and <br /> <br />(ii) Was not guilty of malfeasance in office, <br />willful neglect of duty, or bad faith. <br /> <br />b. If, at the termination of the action brought against <br />a City employee or officer, judgment is rendered in <br />favor of the defendant and against the plaintiff, <br />such judgment for costs and disbursements shall be <br />assigned to the City by the defendant and all monies <br />collected thereon shall be paid to the City. <br /> <br />c. <br /> <br />If, at the termination of the action brought against <br />a City employee or officer, judgment is rendered <br />against the City employee or officer, the City shall <br />pay such judgment unless the employee or officer did <br />not act in a manner proscribed by Subdivision a. <br /> <br />d. Unless otherwise proscribed by law, if the action and <br />resulting judgment against the City employee or <br />officer is based on an intentional tort committed by <br />that person, the City may, at the discretion of the <br />City Council, pay such judgment if the Council finds <br />it fitting and proper to do so. <br /> <br />218.10 - Miscellaneous. <br /> <br />1. Repeal. City Ordinance, Section 218 entitled "Basic <br />Personnel Regulations" and passed after the consolidation of the <br />City and Township in approximately 1979 is hereby repealed. This <br />Ordinance supersedes any other personnel ordinance or regulations <br />previously adopted by the City. <br /> <br />2. Effective Date. This Ordinance becomes effective upon <br />its passage and publication by the City Council. <br /> <br />Passed and adopted this <br /> <br />~ day of June, 1990. Effective upon <br /> <br /> <br />~U~f/~ .~ <br /> <br />publication. <br /> <br />Mayor James Tralle <br />28. <br />