[HISTORY: Adopted by the Mayor and Council
of the Borough of Harrington Park 3-21-2005 by Ord. No. 579. Amendments
noted where applicable.]
GENERAL REFERENCES
Officers and employees — See Ch. 53.
Except as hereinafter provided, the Borough
of Harrington Park (hereinafter known as the "Borough") shall, upon
the request of any present or former official, employee or appointee
of the Borough, provide for indemnification and legal defense of any
civil action brought against said person or persons arising from an
act or omission falling within the scope of their public duties.
The terms of this chapter and the definition
of official, employee and appointee are to be construed liberally
in order to effectuate the purposes of this chapter, except that these
terms shall not mean:
A.
Any person who is not a natural person.
B.
Any person while providing goods or services of any
kind under any contract with the Borough except an employment contract.
C.
Any person while providing legal or engineering services
for compensation unless said person is a full-time employee of the
Borough.
D.
Any person who as a condition of his or her appointment
or contract is required to indemnify and defend the Borough and/or
secure insurance.
A.
The Borough shall provide for defense of and indemnify
any present or former official, employee or appointee of the Borough
who becomes a defendant in a civil action if the person or persons
involved:
B.
For purposes of this chapter, the duty and authority
of the Borough to defend and indemnify shall extend to a cross-claim
or counterclaim against such person.
The Borough shall not indemnify any person against
the payment of punitive damages, penalties, or fines but may provide
for the legal defense of such claims in accord with the standards
set forth herein. The Borough may refuse to provide for the defense
and indemnification of any civil action referred to herein if the
Mayor and Council determine that:
A.
The act or omission did not occur within the scope
of a duty authorized or imposed by law.
B.
The act or failure to act was the result of actual
fraud, willful misconduct or actual malice of the person requesting
defense and indemnification.
C.
The defense of the action or proceeding by the Borough
would create a conflict of interest between the Borough and the person
or persons involved.
