Borough of West View, PA
Allegheny County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Council of the Borough of West View 9-7-1977 by Ord. No. 1198 (Ch. 13 of the 1977 Code). Amendments noted where applicable.]

§ 28-1
Indemnification against expenses from legal actions. 

§ 28-2
Successful defense. 

§ 28-3
Standards for determination. 

§ 28-4
Payment of expenses in advance. 

§ 28-5
Benefits additional to other rights. 

§ 28-6
Insurance. 

§ 28-7
Liability for surcharge. 

§ 28-8
State law not affected. 

§ 28-1 Indemnification against expenses from legal actions.

A. 

Subject to the provisions hereinafter set forth, the Borough of West View shall indemnify any Councilperson, the Mayor, officer, employee or agent of the Borough elected or appointed, who was or is a party or is threatened to be made a party to any threatened, pending or completed action, suit or proceeding, whether civil, criminal, administrative or investigative (other than an action by or in the right of the Borough), by reason of the fact that said individual is or was a Councilperson, the Mayor, officer, employee or agent of the Borough of West View, against expenses (including attorneys' fees, judgments, fines and amounts paid in settlement actually and reasonably incurred by said person in connection with such action, suit or proceeding) if said person acted in good faith and in a manner said person reasonably believed to be in, or not opposed to, the best interest of the Borough of West View and, with respect to any criminal action or proceeding, had no reasonable cause to believe his conduct was unlawful. The termination of any action, suit or proceeding by judgment, order, settlement or conviction or upon a plea of nolo contendere or its equivalent shall not of itself create a presumption that the person did not act in good faith and in the manner which he reasonably believed to be in, or not opposed to, the best interest of the Borough of West View and, with respect to any criminal action or proceeding, that the person had reasonable cause to believe that his conduct was unlawful.

B. 

The Borough of West View shall indemnify any Councilperson, the Mayor, officer, employee or agent of the Borough who was or is a party or is threatened to be made a party to any threatened, pending or completed action or suit by or in the right of the Borough to procure a judgment in its favor by reason of the fact that he is or was a Councilperson, the Mayor, officer, employee or agent of the Borough, against expenses (including attorneys' fees) actually and reasonably incurred by him in connection with the defense or settlement of such action or suit, if he acted in good faith and in a manner he reasonably believed to be, or not opposed to, the best interest of the Borough; provided, however, that no indemnification shall be made in respect of any claim, issue or matter as to which such person shall have been adjudged to be liable for negligence or willful misconduct in the performance of his duty to the Borough of West View and only to the extent that the Court of Common Pleas of Allegheny County shall determine upon application that despite the adjudication of liability, but in view of all the circumstances of the case, such person is fairly and reasonably entitled to indemnity for such expenses, which the Court of Common Pleas of Allegheny County or such other court shall deem proper.

§ 28-2 Successful defense.

To the extent that a Councilperson, the Mayor, officer, employee or agent of the Borough has been successful on the merits or otherwise in the defense of any action, suit or proceeding referred to in § 28-1 of this chapter, or in defense of any claim, issue or matter therein, he shall be indemnified against expenses (including attorneys' fees) actually and reasonably incurred by him in connection therewith.

§ 28-3 Standards for determination.

Any indemnification under § 28-1 of this chapter (unless ordered by a court) shall be made by the Borough only as authorized in the specific case upon a determination that indemnification of the Councilperson, the Mayor, officer, employee or agent is proper in the circumstances because he has met the applicable standards of conduct set forth in such section of this chapter. Such determination shall be made:

A. 

By the Town Council of the Borough of West View by a majority vote of a quorum consisting of the Councilpersons who were not parties to such action, suit or proceeding; or

B. 

If such quorum is not obtainable, or even if obtainable and a majority vote of a quorum of disinterested Councilpersons so directs, by independent legal counsel in a written opinion.

§ 28-4 Payment of expenses in advance.

Expenses incurred in defending a civil or criminal action, suit or proceeding shall be paid by the Borough in advance of the final disposition of such action, suit or proceeding as authorized in a manner provided in § 28-3 of this chapter upon receipt of an undertaking by or on behalf of the Councilperson, the Mayor, officer, employee or agent to repay such amount unless it shall ultimately be determined that he is entitled to be indemnified by the Borough as authorized in this chapter.

§ 28-5 Benefits additional to other rights.

The indemnification provided by this chapter shall not be deemed exclusive of any other rights to which those seeking indemnification may be entitled under any laws of the Commonwealth of Pennsylvania, or otherwise, both as to actions in his official capacity and as to actions in another capacity while holding such office, and shall continue as to a person who has ceased to be a Councilperson, the Mayor, officer, employee or agent and shall inure to the benefit of the heirs, executors and administrators of such a person.

§ 28-6 Insurance.

The appropriate officers of the Town Council of the Borough of West View are hereby authorized and directed to purchase insurance on the Councilpersons, the Mayor, officers, employees and agents as described in this chapter, which insurance shall insure against liability arising from errors and omissions in the performance of their duties in the course of their employment; provided, however, that the liability of elected or appointed officials or officers for surcharge in accordance with the law shall not be affected thereby.

§ 28-7 Liability for surcharge.

Nothing contained in this chapter shall be construed to affect, alter or change the liability of elected or appointed officials or officers of the Borough of West View for surcharge in accordance with the law.

§ 28-8 State law not affected.

Nothing in this chapter shall be deemed to affect, modify, amend or repeal any provision of any Act of Assembly of the Commonwealth of Pennsylvania.