§ 2.34.140. Limits on employee's right to indemnity.

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 2.34.140 shall not be applicable.

Notwithstanding Sections 2.34.110 and 2.34.120, the Kenai Peninsula Borough and School District shall not indemnify an employee:

A.

For costs and attorney fees incurred in defending a loss and/or claim where the Kenai Peninsula Borough and School District attorney or Kenai Peninsula Borough and School District policies of insurance could defend the Employee without a conflict of interest.

B.

For a loss and/or claim for which Kenai Peninsula Borough and School District policies of insurance would indemnify the employee without granting the Kenai Peninsula Borough and School District any right of subrogation against the employee.

C.

Where the Kenai Peninsula Borough and School District brings the claim or proceeding against the employee.

D.

For punitive and/or exemplary damages.

E.

For the cost of independent counsel retained by the employee when the Kenai Peninsula Borough and School District have accepted tender of defense.

(Ord. No. 89-9, § 1, 1989)