[HISTORY: Adopted by the Council of the City of Pawtucket, approved 10-20-1988
as Ch. No. 2039. Amendments noted where applicable.]
The City of Pawtucket shall indemnify any and all public employees,
officials, members of boards, agencies and commissions appointed by the Mayor,
the City Council or by any other person exercising appointing authority delegated
to them by said Mayor and/or City Council, whether or not such employees,
officials or members are paid, from all loss, cost, expense and damage, including
legal fees and court costs, if any, arising out of any claim, action, compromise,
settlement or judgment, by reason of any intentional tort or by reason of
any alleged error or misstatement or action or omission, or neglect or violation
of the rights of any person under any federal or state law, including misfeasance,
malfeasance or nonfeasance or any act or omission or neglect contrary to any
federal or state law which imposes personal liability on any such employee,
official or member, if such employee, official or member, at the time of such
intentional tort or act, omission or neglect, was acting within the scope
of his or her official duties or employment.
The City of Pawtucket shall decline to indemnify any such employee,
official or member for any misstatement, error, act, omission or neglect if
the same resulted from willful, wanton or malicious conduct on the part of
such employee, official or member. The City Council shall decide, on a case-by-case
basis, whether indemnification should be allowed or declined.
A.
The city shall have the duty to provide legal representation through the City Solicitor or through outside legal counsel without charge to the persons involved to any city officer or employee indicated in § 30-1 above, in connection with any claim, suit for damages or other action against such person arising from the performance by said person or persons of his or her public duties, provided that such person or persons may have his or her own private counsel to assist in his or her defense, at the expense of the person or persons so involved.
B.
The City Council shall have the authority to approve
or deny any and all requests for outside legal counsel on a case-by-case basis.
C.
The city shall not be liable for settlement, costs, expenses
or attorney's fees arising out of any claim or suit effected without
its consent.
D.
The city reserves the right to assert any defense and
make any settlement of any claim or suit that it deems expedient.
A.
Indemnification shall include provision of legal counsel
at the expense of the city and expenses incurred in connection with the conduct
of such defense, including payment of any judgment thereon.
B.
The city shall be responsible for paying attorneys'
fees for outside legal counsel only upon approval of same by the City Council.
Nothing in this chapter shall be construed or interpreted as waiving
the city's defense of governmental immunity to it or its employees or
officers in any action brought against the city or any of its officers or
employees.
The provisions of this chapter shall apply only where the city has been
given timely notice of any actions brought against any person or persons.
Nothing in this chapter or in any ordinance of the city shall be construed
to require the City Solicitor to provide legal services in any manner which
would cause the attorney to be involved in a conflict of interest.
For the purposes of this chapter, the term "acting within the scope
of his or her official duties or employment" shall not include any action
which occurs during a period of time in which the officer or employee is engaged
in outside employment or is rendering contractual services to someone other
than the city.
