604.10. Every municipality shall pay damages owing to a third person which result from the fault of a member of its council in the performance of his duties within the municipality or a mandatary body of the municipality, except in the case of a gross or intentional fault or a fault separable from the performance of such duties, or where the member, without the authorization of the municipality, admits his fault or assumes his defence or representation, during the proceedings in which his fault is proved, himself or through an attorney of his choice.
The first paragraph may not be used to establish the fault of a municipality or a mandatary body.