The text
(a)
Any officer or employee who is held liable for the payment of any claims or damages, by way of judgment or settlement, shall be entitled to indemnification by the city, where the acts resulting in such liability were done in good faith, without malice, and within the course and scope of employment of the employee or officer. The city shall not be liable for settlement of any such claim or suit effected without its consent, and the city reserves the right to assert any defense and make any settlement of any claim or suit that it deems expedient.
(b)
The indemnification provided by this section shall not be considered as other insurance for the purpose of eliminating or decreasing the coverage provided to any officer or employee under any contract of insurance but shall be supplemental in nature and effective only in the event that the limits of any and all other coverage under any and all contracts of insurance are exceeded. Whether the acts were done in good faith, without malice, and within the course and scope of employment shall be determined by the city, and such determination shall be final for the purposes of the representation and indemnity of this section; provided, however, that, in the event such representation and indemnity have been denied by the city, if upon a trial on the merits it is determined that the officer or employee was acting in good faith, without malice and within the course and scope of employment, the indemnification hereunder shall be granted and reasonable legal expenses incurred in the defense of the claim reimbursed.
(Code 1971, § 2-93)