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Except as provided in § 31.36 of this chapter, 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.
(Prior Code, § 3-7-5) (Ord. 13-05, passed - -2013)
With respect to the indemnification and defense obligations under §§ 31.38 or 31.39 of this chapter, a termination of the proceeding by judgment, order, settlement, conviction or upon a plea of nolo contendere or its equivalent, shall not by itself create a presumption that the person acted, or failed to act, other that in good faith and in a manner which he or she reasonably believed to be in or not opposed to the best interest of the town, and with respect to any criminal proceeding, shall not by itself create a presumption that the person had reasonable cause to believe that his or her conduct was unlawful.
(Prior Code, § 3-7-6) (Ord. 13-05, passed - -2013)
The indemnification and defense obligations set forth in this subchapter shall not apply to proceedings initiated by the town to procure a judgment against any person in the town’s favor unless a determination is made pursuant to § 31.43 of this chapter that the requirements of this subchapter have been met. Notwithstanding anything else set forth in this section, if a court enters a judgment that the person’s actions exceeded his or her authority, such person shall reimburse the town for all costs incurred by it in providing the indemnification and/or defense of the proceeding.
(Prior Code, § 3-7-7) (Ord. 13-05, passed - -2013)
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