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The Council may adopt by resolution rules and regulations to give effect to this subchapter, which may be modified or changed from time to time, but such rules and regulations shall follow the generally accepted principles of good personnel administration.
(1990 Code, § 3-3-3) Penalty, see § 10.99
No officer, official or employee of the town shall use any influence or pressure upon any employee to obtain any assessment or contribution of money or time, either direct or indirect, for any political campaign or personal gain.
(1990 Code, § 3-3-4) Penalty, see § 10.99
INDEMNIFICATION
For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
DEFEND. To provide legal counsel to represent the person in a proceeding.
INDEMNIFY. To reimburse an officer or employee for actual expenses incurred related to a proceeding.
PERSON.
(1) Current and former officers, employees, Town Council members and members of committees, commissions and boards of the town; and
(2) The spouse of a current or former officer, employee, Town Council member or member of a committee, commission or board of the town to the extent such spouse in named in a proceeding solely because of the spouse's marital relationship to such officer, employee, Town Council member or member of a committee, commission or board of the town who is named in a proceeding.
PROCEEDING. Any threatened, pending or completed action or suit, whether civil, criminal, or administrative.
(A) Any person made a party or threatened to be made a party to any proceeding because such person is an officer, employee, council member or member of a committee, commission or board of the town shall be indemnified and defended in accordance with this section.
(B) The indemnification and defense obligations set forth in this section do not apply to acts of an officer, employee, council member or member of a committee, commission or board for any conduct that exceeds the authority granted to the person by virtue of his or her position.
(C) The indemnification and defense obligations set forth in this subchapter do not apply to acts of an officer, employee, council member, or member of a committee, commission or board of the town being civilly or criminally prosecuted for acts constituting a violation of the town code.
(D) The town reserves the right not to indemnify any person with respect to an award of damages where such person is adjudged by a court as negligent or committing misconduct in the performance of his or her duty to the town.
As a prerequisite to indemnification of defense under this subchapter, a person shall notify the Town Manager as soon as he has knowledge that he or she is made a party or threatened to be made a party to any proceeding. If there is no Town Manager, the interim Town Manager or Town Clerk shall be notified.
Except as provided in § 32.56, if the proceeding is one not initiated by the town:
(A) The person shall be indemnified against his or her expenses, including attorney's fees, costs, judgments, fines and amounts paid in settlement actually and reasonably incurred by him or her in connection with the proceeding.
(B) The town, either directly or through its insurance carrier, shall defend the person in connection with the proceeding.
Except as provided in § 32.56 , if the proceeding is a criminal proceeding, the person shall be indemnified and defended if he or she had no reasonable cause to believe his or her conduct was unlawful.
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