(a) As used in this section, unless the context utilized clearly states to the contrary, the following terms are defined as follows:
(1) "Agent" shall include and be limited to members of town boards and individuals approved by the Town Manager to act as volunteers in the service of the town and so acting.
(2) "Civil action" includes but shall not be limited to actions sounding tort and civil rights lawsuits.
(3) "Civil rights lawsuit" shall include but not be limited to actions prosecuted pursuant to 42 U.S.C. § 1983 and 42 U.S.C. § 1988.
(4) "Officer" shall include the Mayor, any Town Commissioner, the Town Manager, the Town Clerk, the Town Attorney, or any charter officer.
(b) It is the policy of the town to provide an attorney to defend any civil action arising from a complaint for damages or injury suffered as a result of any act or omission of action of any of the town's officers, employees, or agents for an act or omission arising out of and in the scope of his or her employment or function, unless, in the case of a tort action, the officer, employee, or agent acted in bad faith, with malicious purpose, or in a manner exhibiting wanton and willful disregard of human rights, safety, or property. Defense of such civil action includes, but is not limited to, any civil rights lawsuit seeking relief personally against the officer, employee, or agent for an act or omission under color of state law, custom, or usage, wherein it is alleged that such officer, employee, or agent has deprived another person of rights secured under the Federal Constitution or laws.
(c) Legal representation of an officer, employee, or agent of the town shall be provided by the town at town expense. However, any attorney's fees paid from public funds for any officer, employee, or agent who is found to be personally liable by virtue of acting outside the scope of his or her employment, or as acting in bad faith, with malicious purpose, or in a manner exhibiting wanton and willful disregard of human rights, safety, or property, may be recovered by the town in a civil action against such officer, employee, or agent. If the town is asked to appoint legal counsel for said officer, employee, or agent, the officer, employee, or agent shall not be entitled to his or her choice of legal counsel. If the town fails to provide an attorney, upon request of a past or present municipal officer, employee, or agent, to defend a civil action arising from a complaint for damages or injury suffered as a result of any act or omission of action of any of its officers, employees, or agents, the town shall reimburse any such defendant who prevails in the action for court costs and reasonable attorney's fees.
(Ord. 2001-02, passed 11-28-01)