The Township Manager shall be responsible for, in
connection with advice from the Township Solicitor, recommending insurance
coverage to Township Council for all Township employees, elected officials,
Township boards, committees and agencies, including the fire companies,
to provide insurance coverage for liability claims, property damage
claims, personal injury claims, worker's compensation and any other
coverage deemed appropriate. The Personnel Manual shall maintain policies
and procedures for all applicable insurance coverages.
Emergency/Fire Services shall comply with Township policies regarding
insurance; any references to 'employee' shall be viewed
as any eligible member of a fire company. So long as the Township
provides insurance coverage each company shall comply with all required
insurance terms, policies and regulations.
The Township Manager shall present to the Township
Solicitor all insurance coverage which the Township Manager deems
appropriate and shall obtain from the Township Solicitor a written
opinion with regard to the appropriateness and amount of the coverage.
The Township Manager shall present to the Finance
and Administration Committee a recommendation and the written opinion
of the Solicitor with regard to insurance coverage or changes thereof
prior to presenting said recommendation or recommendations to Township
Council.
The Township shall pay the deductible or uninsured
portion of any claim, including legal fees, as a result of any claim
against the Township, a Township elected official or officials, Township
employees, members of Township boards, commissions or agencies, or
members of the fire company where insurance coverage is applicable
and the Township insurance company has assumed the defense of the
claim.
In all claims where insurance coverage is not available or applicable and a Township elected official, a Township employee, a member of a Township board, agency or commission or a fire company member is sued and where such official, employee, member of a board, commission or agency or fire company member was acting on Township business or in a Township capacity at the time of the incident giving rise to the claim, the Township shall pay the cost of defense and any and all judgments rendered against such official, employee, etc., subject to Subsection D hereof.
The Township Council shall retain the right to designate
counsel for the defense of a claim against a Township official, employee,
etc., where no insurance coverage exists.
Township Council shall not be responsible to provide
a defense or pay any judgment arising out of any action on the part
of any Township elected official, employee, etc., which involves willful
or wanton negligence or a deliberate act clearly outside of the official
or employee's responsibility as a Township official or employee or
member of a board or commission or member of the fire company.
The Middletown Township, Delaware County, Sewer Authority shall not be covered by this Article VIII of the Administrative Code.