A. In no event shall protection be offered under this chapter by the City to:
1. Any dishonest, fraudulent, criminal, willful, intentional or malicious act or course of conduct of an official or employee;
2. Any act or course of conduct of an official or employee which is not performed on behalf of the City;
3. Any act or course of conduct which is outside the scope of an official’s or employee’s service or employment with the City; and/or
4. Any lawsuit brought against an official or employee by or on behalf of the City.
Nothing herein shall be construed to waive or impair the right of the City council to institute suit or counterclaim against any official or employee nor to limit its ability to discipline or terminate an employee.
B. The provisions of this chapter shall have no force or effect with respect to any accident, occurrence or circumstance for which the City or the official or employee is insured against loss or damages under the terms of any valid insurance policy; provided, that this chapter shall provide protection, subject to its terms and limitations, above any loss limit of such policy. The provisions of this chapter are intended to be secondary to any contract or policy of insurance owned or applicable to any official or employee. The City shall have the right to require an employee to utilize any such policy protection prior to requesting the protection afforded by this chapter. (Ord. 2305 § 1 (part), 2006).