With respect to any reasonable costs and expenses, including attorneys'
fees, and for any judgment or Town-approved settlement arising out of any
legal proceeding, it is hereby declared and found by the Town Council of the
Town of Glocester (the "Town") to be in the interests of the public welfare
and safety for the Town Council to have the authority to indemnify, reimburse,
defend, advance legal and other related costs, and otherwise hold harmless
any appointed or elected municipal officer who is charged or found liable
in a legal proceeding with having violated or exceeded his official duties
or committed any errors or omissions relating thereto; provided the conduct
complained of occurred in the discharge of the person's official duty
in a matter in which the Town had an interest, occurred in the discharge of
a duty imposed or authorized by law, and was done in good faith.
In its discretion, the Town Council may provide for or advance the costs
of defending any municipal officer who is charged with violating his official
duties or exceeding the scope thereof, and the Town may advance or reimburse
the costs of any approved settlement or judgment, including legal fees, arising
out of any such claim; provided, however, that in the event that it is proven
that the officer acted in bad faith or has committed a crime, or has otherwise
been found guilty of conduct which has no legal warrant or basis, the Town
has the discretion to refuse to pay any such expenses or judgment and to recover
any expenses or costs previously advanced to said officer.
In order to indemnify, advance the costs and expenses for, reimburse
or otherwise hold harmless any municipal officer or employee for a claim or
a loss in connection with the discharge of his official duty, the officer
or employee must have:
A. Been acting in a matter in which the Town had an interest;
B. Been acting in the discharge of a duty imposed or authorized
by law; and