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A. Except as otherwise determined pursuant to LMC 1.28.050, in no event shall protection as provided by this chapter be offered by the City to or involving:

1. Any dishonest, fraudulent, criminal, willful, intentional or malicious act or course of conduct of an official or an 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;

4. Any lawsuit brought against an official or employee by or on behalf of the City; and/or

5. Any action or omission contrary to or not in furtherance of any adopted City policy.

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 from whatever source against loss or damage; provided, that the provisions of this chapter shall apply in the event the loss or damages fall within the deductible or exclusion(s) of the City’s applicable insurance policy. The provisions of this chapter are intended to be secondary to any contract or policy of insurance whether owned by or otherwise applicable to any official or employee. The City shall have the right to require an employee to fully utilize any such policy protection prior to requesting the protection afforded by this chapter. [Ord. 692 § 1, 2018; Ord. 19 § 4, 1995.]