§ 2.34.130. Liabilities for which employee may be indemnified.

Indemnification rights of Kenai Peninsula Borough School District employees shall be in accordance with Section 14.12.115 of Alaska Statutes and restrictive language, if any, in this Section 2.34.130 shall not be applicable.

Kenai Peninsula Borough and School District employees may be indemnified against losses and/or claims, subject to Section 2.34.130, arising out of and in the scope and course of employment by the Kenai Peninsula Borough and School Board where the employee does not defend the loss and/or claim successfully, but only if there is an independent determination in favor of the employee on each of the following issues A through D.

The independent determination shall be the finding of a court of competent jurisdiction in a proceeding to which the employee is a party. In the absence of such a finding, the independent determination shall be made by independent legal counsel appointed by the Kenai Peninsula Borough and School District for that purpose.

A.

The employee acted in a matter related to their employment in which the Kenai Peninsula Borough and School District had an interest.

B.

The employee acted in discharging a duty authorized or imposed by law.

C.

The employee acted in good faith.

D.

In the case of a criminal action against the employee, the employee had no reasonable cause to believe their conduct was unlawful.

(Ord. No. 89-9, § 1, 1989)