[HISTORY: Adopted by the Board of Commissioners of the Township
of Robinson 12-27-1976 by Ord. No. 77-9 (Ch. 1, Part 4, of the
1989 Code). Amendments noted where applicable.]
Subject to the provisions hereinafter set forth, the Township
of Robinson shall indemnify any Commissioner, officer, employee or
agent of the Township of Robinson, elected or appointed, who was or
is a party or is threatened to be made a party to any threatened,
pending or completed action, suit or proceeding, whether civil, criminal,
administrative or investigative (other than an action by or in the
right of the Township), by reason of the fact that he is or was a
Commissioner, officer, employee or agent of the Township, against
expenses (including attorneys' fees, judgments, fines and amounts
paid in settlement actually and reasonably incurred by him in connection
with such action, suit or proceeding) if he acted in good faith and
in a manner he reasonably believed to be in, or not opposed to, the
best interests of the Township of Robinson and, with respect to any
criminal action or proceeding, had no reasonable cause to believe
his conduct was unlawful. The termination of any action, suit or proceeding
by judgment, order, settlement, conviction or upon a plea of nolo
contendere or its equivalent, shall not of itself create a presumption
that the person did not act in good faith and in a manner which he
reasonably believed to be in, or not opposed to, the best interests
of the Township of Robinson and, with respect to any criminal action
or proceeding, had no reasonable cause to believe that his conduct
was unlawful.
The Township of Robinson shall indemnify any Commissioner, officer,
employee or agent of the Township who was or is a party or is threatened
to be made a party to any threatened, pending or completed action
or suit by or in the right of the Township of Robinson to procure
a judgment in its favor by reason of the fact that he is or was a
Commissioner, officer, employee or agent of the Township, against
expenses (including attorneys' fees) actually and reasonably
incurred by him in connection with the defense or settlement of such
action or suit, if he acted in good faith and in a manner he reasonably
believed to be, or not opposed to, the best interests of the Township;
provided, however, that no indemnification shall be made in respect
of any claim, issue or matter as to which such person shall have been
adjudged to be liable for negligence or misconduct in the performance
of his duty to the Township of Robinson and only to the extent that
the Court of Common Pleas of Allegheny County shall determine upon
application that, despite the adjudication of liability, but in view
of all the circumstances of the case, such person is fairly and reasonably
entitled to indemnity for such expenses which the Court of Common
Pleas of Allegheny County or such other court shall deem proper.
To the extent that a Commissioner, officer, employee or agent of the Township of Robinson has been successful on the merits or otherwise in the defense of any action, suit or proceeding referred to in §§ 17-1 and 17-2 of this chapter or in defense of any claim, issue or matter therein, he shall be indemnified against expenses (including attorneys' fees) actually and reasonably incurred by him in connection therewith.
Any indemnification under §§ 17-1 and 17-2 of this chapter (unless ordered by a court) shall be made by the Township only as authorized in the specific case upon a determination that indemnification of the Commissioner, officer, employee or agent is proper in the circumstances because he has met the applicable standards of conduct set forth in such section of this chapter. Such determination shall be made:
A.
By the Board of Commissioners by a majority vote of a quorum consisting
of the Commissioners who were not parties to such action, suit or
proceeding; or
B.
If such quorum is not obtainable or, even if obtainable, a majority
vote of a quorum of disinterested Commissioners so directs, by independent
legal counsel in a written opinion.
Expenses incurred in defending a civil or criminal action, suit or proceeding shall be paid by the Township in advance of the final disposition of such action, suit or proceeding, as authorized in the manner provided in § 17-4 of this chapter, upon receipt of an undertaking by or on behalf of the Commissioner, officer, employee or agent to repay such amount, unless it shall ultimately be determined that he is entitled to be indemnified by the Township as authorized in this chapter.
The indemnification provided by this chapter shall not be deemed
exclusive of any other rights to which those seeking indemnification
may be entitled under any laws of the Commonwealth of Pennsylvania
or otherwise, both as to actions in his official capacity and as to
actions in another capacity while holding such office, and shall continue
as to a person who has ceased to be a Commissioner, officer, employee
or agent and shall inure to the benefit of the heirs, executors and
administrators of such a person.
The appropriate officers of the Township of Robinson are hereby
authorized and directed to purchase insurance on Commissioners, officers,
employees and agents as described in this chapter, which insurance
shall insure against liability arising from errors and omissions in
the performance of their duties in the course of their employment;
provided, however, that the liability of elected or appointed officials
or officers for surcharge in accordance with the law shall not be
affected hereby.
Nothing contained in this chapter shall be construed to affect,
alter or change the liability of elected or appointed officials or
officers of the Township of Robinson for surcharge in accordance with
the law.
