[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.
