2.46.030 Exclusions.
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A. In no event shall protection be offered under this chapter by the city for:
1. Any dishonest, fraudulent, criminal, willful, intentional or malicious act or course of conduct of an official, employee or volunteer;
2. Any act or course of conduct of an official, employee or volunteer 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, employee's or volunteer's service or employment with the city;
4. Any lawsuit brought against an official, employee or volunteer by or on behalf of the city;
5. Any action or omission contrary to or not in furtherance of any adopted city policy.
B. Nothing herein shall be construed to waive or impair the right of the city to institute suit or counterclaim against any official, employee or volunteer, nor to limit its ability to discipline or terminate an employee.
C. 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, employee or volunteer 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, employee or volunteer. 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. M-3912 § 1, 2009; Ord. M-3179 § 4, 1995)