Provide for the Indemnification of Police Officers

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Police Indemnification ORDINANCE NO. 5100 -69 AN ORDINANCE TO PROVIDE FOR THE INDEMNI- FICATION OF POLICE OFFICERS BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, that: SECTION I. DEFINITIONS As used in this ordinance, the term "police officer" shall in- clude only full time police officers of the City of South Bend, Indiana, while acting within the scope of their employment and shall not include special police officers appointed pursuant to statute who are not regular - ly employed by or drawing regular salaries from the City of South Bend. SECTION II. The City of South Bend, Indiana, shall indemnify from its gen- eral fund any police officer of the City of South Bend against whom judg- ment has been recovered in any court of law growing out of a civil action brought against such officer to recover damages to person or property re- sulting from alleged acts of negligence, wrongful acts or omissions of a police officer while acting within the scope of his authority and employ- ment as a police officer of the City of South Bend, Indiana. SECTION III. Nothing contained in this ordinance shall be construed to create liability on the part of the City of South Bend, Indiana, to provide in- demnification for any wilfull or wanton misconduct on the part of any police officer, or for any actions taken outside the scope of employment by the City of any officer. SECTION IV. The indemnification of police officers as set forth in this ordin- ance shall be limited to that amount which exceeds the amount of any appli- cable insurance coverage. SECTION V. As a condition precedent to the right of indemnification under this ordinance, any police officer desiring such indemnification shall: (a) tender in writing to the City Attorney of the City of South Bend, Indiana, the right to appear and defend any such litigation as may result in a judgment covered by this ordin- ance and grant to the City the right to make such investigation, negotiation and settlement of any claim as said City deems exped- ient (b) give written notice containing the particulars sufficient to identify the officer involved and information as to the time, place and circumstances thereof to the City Attorney of the City of South Bend, Indiana, immediately following such occurrence or as soon thereafter as is practicable.