(a) Purpose. The Borough Council has found and concluded that the following provisions will tend to attract competent officials and employees by removing the threat of loss or damage from legal harassment while engaged in municipal service, resulting in more peace of mind, and thereby promoting the general welfare.
(b) Protection of Borough Officers and Employees. Whenever any action, claim or lawsuit is brought against any employee or elected or appointed officer (herein called "defendant") because of his or her employment by, work for or association with the Borough of Swarthmore, in which the commission of errors, omissions or other dereliction is charged, the defendant shall immediately report the matter to Swarthmore Borough Council, and the Borough Solicitor, with the consent of the defendant, shall take over the defense of such action as though it had been brought solely against the Borough. The Borough shall be considered the real part in interest in any such suit, and shall indemnify the defendant against loss or damage resulting therefrom, regardless of the form of action or the parties thereto. Where liability insurance is available, the Solicitor shall cooperate with counsel for the insurance company.
(c) Limitations. The protection afforded officers and employees by subsection (b) hereof is subject to the provisions of any applicable statute and the rulings of any Court having jurisdiction. Nothing herein shall affect the liability of any insurance company under any policy now in force, or hereafter issued to the Borough.
(Ord. 782. Passed 7-11-77.)