§ 2-737. Payments generally.

The city will pay from the general liability self-insurance fund on behalf of officers, employees and volunteers of the city, such sums as they are legally obligated to pay arising out of general liability claims against such officers, employees and volunteers of the city, including costs and expenses for settlement, suit, or satisfaction of judgment.

(1)

Such payments shall be made only to the extent that a commercial policy of insurance does not provide protection to pay the legal obligation in question.

(2)

The defense of certain general liability claims may constitute evidence of the existence of a pattern or practice of conduct by the city in violation of the U.S. Constitution or other federal law, or condonation of such conduct by officers, employees or volunteers of the city. The determination of whether a particular claim falls within the description of the preceding sentence lies in the sole discretion of the city attorney. If the city attorney so determines, such claims may be excluded from the provisions hereof.

(3)

Liability founded on intentional, willful or malicious misconduct by or at the direction of an officer, employee or volunteer of the city is expressly excluded from the provisions hereof.

(4)

Claims between or among fellow officers, employees or volunteers are expressly excluded from the provisions hereof.

(Ord. No. 4671-94)

(Ord. No. 4671-94)