Loading...
INDEMNIFICATION AND DEFENSE OF OFFICERS AND EMPLOYEES
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 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.
(Prior Code, § 3-7-1) (Ord. 13-05, passed - -2013)
(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 subchapter.
(B) 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 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.
(Prior Code, § 3-7-2) (Ord. 13-05, passed - -2013)
Loading...