[HISTORY: Adopted by the Board of Commissioners of the Township of Radnor 11-10-1986 by Res. No. 86-13. Amendments noted where applicable.]
[Added 7-20-1992 by Ord. No. 92-13]
As used in this chapter, the following terms shall have the meanings indicated:
- The Political Subdivision Tort Claims Act; Act of October 5, 1980, P.L. 693; 42 Pa. C.S.A. § 8501 et seq.
- Includes any person acting on behalf of a governmental unit whether compensated or not, including elected officers, members of a governing body, volunteer firemen and others (excluding independent contractors) who are designated to act for the unit, and such term shall have the same meaning when used herein as that set forth in the Act.
- The Township of Radnor.
The Township shall indemnify to the fullest extent permitted by law any and all persons who may serve or who have served at any time as employees of the Township and their heirs, administrators, successors and assigns against any and all judgments against such persons in any action, suit or proceeding in which they or any of them are made parties or a party by reason of being or having been employees of the Township where there is a final judicial determination that the act of the employee which gave rise to the action, suit or proceeding was or the employee in good faith reasonably believed that such act was within the scope of the office or duties of such person, provided that the employee being indemnified shall have given to the Township timely prior written notice of the claim of such employee for such indemnification, as required by the Act. For this purpose, notice shall be deemed to be timely if given not later than 14 days after the commencement of the action resulting in the judgment for which indemnification is claimed.
When an action is brought against an employee and either it is alleged that the act which gave rise to the claim was within the scope of the office or duties of the employee or the Board of Commissioners determines that such act was within the scope of such office or duties or the employee in good faith reasonably believed the act was within the scope of such office or duties, then, upon written request of the employee made not more than 14 days after the commencement of the action, as provided in the Act, the Township shall defend the action on behalf of the employee at its own expense or, at its option, provide independent representation for the employee also at the expense of the Township; and the Township shall also pay on behalf of such employee amounts payable in any settlement, which settlement has been approved by a disinterested majority of the Board of Commissioners or, in the absence thereof, approved by independent counsel for the Township.
Notwithstanding the foregoing sections of this chapter, the Township shall not indemnify an employee where there is a final judicial determination, and the Township shall not provide any legal defense where the Board of Commissioners reasonably determines, that the act of the employee which gave rise to the action, suit or proceeding constituted a crime, actual fraud, actual malice or willful misconduct.