[HISTORY: Adopted by the Municipal Council of the Municipality
of Monroeville 5-13-1986 by Ord.
No. 1525. Amendments noted where applicable.]
With the intent of being legally bound hereby, the Municipality
of Monroeville does hereby provide indemnification for occurrences
arising on or after January 6, 1986, to all current or former elected
officials, appointed officials, appointed members of boards and commissions,
appointed professional consultants, Municipal employees and volunteer
firemen and ambulance personnel from the cost of a defense to any
lawsuit proceeding and from the imposition of any judgment resulting
out of a lawsuit proceeding whenever a lawsuit is entered against
any such person, provided that such person is acting within the scope
of such person's duties for or on behalf of the Municipality of Monroeville,
and provided that the conduct upon which the suit proceeding is based
is not perpetrated with an intent to specifically cause harm or with
malice.
The indemnification provided herein is subject to the person
to whom such indemnification is afforded cooperating with the defense.
The control of any such defense and the right to enter into a compromise
settlement shall remain with the Municipality of Monroeville, subject
to the approval of the Municipal Council.
The indemnification provided herein shall be secondary to and
in excess of any applicable insurance and shall be limited in accordance
with any limitation applicable to the person for whom indemnification
is provided herein as set forth in Political Subdivision Tort Claims
Act, as amended or hereinafter amended.[1]
[1]
Editor's Note: See 42 Pa.C.S.A. § 8542 et seq.
In each instance where a lawsuit proceeding is entered against
a person for whom the Municipality of Monroeville shall be required
to provide indemnification as set forth herein, the Municipality of
Monroeville shall investigate and explore any and all grounds for
the entry of a countersuit against the claimant initiating lawsuit
proceedings against a person entitled to indemnification and, to the
extent there is a legitimate basis for entering such a countersuit,
then such a countersuit shall in fact be entered. Such countersuits
shall include, but are not limited to, countersuits for abuse of process,
misuse of process, malicious prosecution, bad faith initiation of
legal proceedings, defamation, intentional or malicious outrageous
conduct and/or vexatious litigation.
