HomeMy WebLinkAboutProvide for the Indemnification of Police OfficersORDINANCE No. 5100 -69
Passed by the Common Council of the City of South Bend,
Attest:
September 8, X969
Presented by me to the Mayor of the City of South Bend,
Approved and signed by
September 10, ,,. 69
Clerk
of Common Council
Clerk
1 DEAL PRESS
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.
page 2 - Police Indemnification ordinance
(c) forward immediately any or all suit papers, demands,
notices, summons, complaint or other process received by such
police officer or his representative to the City Attorney of
South Bend, Indiana
(d) to cooperate with the City of South Bend in the conduct
or settlement of any legal proceedings.
SECTION VI.
It is further provided that nothing in this ordinance shall be
construed to make the City of South Bend liable to any third party for any
loss, injury, damage or death or to waive the provisions of the acts of the
State of Indiana providing for notice to the Civil City being Chapter 80 of
the Acts of 1935, of the Indiana General Assembly as amended.
SECTION VII.
This Ordinance shall be in full force and effect from and after
its passage by the Common Council, its approval by the Mayor and the ful-
fillment of all statutory requirements.
Member of the Common ouncil
lst & 2nd READING 8 -11 -69
COMMITTEE OF THE WHOLE 9 -8 -69
PUBLIC HEARING 9 -8 -69
3rd READING 9 -8 -69
NOT APPROVED
REFERRED
PASSED 9 -8 -69
BLED IN CLERK'S OFFIR'
AUG 71969
KATHRYN L. BLOUGH
CITY CLERK, SOUTH BEND, IND,
September 8, 1969
idAtltttt�#1t'F ��}1D[t
Ma toe Comm u (Mamaril of * 41itg of ft# Wrtta:
Your Committee of the Whole
to whom was referred "AN ORDINANCE TO PROVIDE FOR THE INDEMNIFICATION OF
POLICE OFFICERS."
Respectfully report that they have examined the matter and that in their opinion the Ordinance go
to the Council as favorable.
FE:._