Township of Manheim, PA Chapter 82 Indemnification

[HISTORY: Adopted by the Board of Commissioners of the Township of Manheim 7-14-1986 by Res. No. 1986-42 (Part 2, Ch. 6, Art. H, of the 1976 Code of Ordinances). Amendments noted where applicable.]

GENERAL REFERENCES

Grievance procedure — See Ch. 75.

Officers and employees — See Ch. 99.

Pension plans and retirement — See Ch. 109.

Personnel — See Ch. 114.

§ 82-1 Indemnification of officers and employees.

Manheim Township, a First Class Township existing pursuant to laws of the Commonwealth of Pennsylvania (Township), shall indemnify any person who was or is a Commissioner, officer, employee or agent of the Township or any of its boards, commissions, or agencies against all reasonable costs and expenses (including, without limitation, counsel fees, judgments, penalties, fines, amounts paid in settlement, etc.) incurred in any actual or threatened investigation or proceeding (whether civil, criminal, administrative or otherwise) if such person, in acting as a Commissioner, officer, employee or agent of the Township, its boards, commissions or agencies:

A. Acted in good faith; and

B. In a manner such person believed to be in the best interest of the Township; and

C. With respect to criminal matters, without knowledge that such actions were unlawful.

§ 82-2 Determination of good faith actions.

As to § 82-1A and B above, it shall be presumed that a person acted in good faith and in a manner such person believed to be in the best interest of the Township unless and until:

A. It shall be finally adjudged that such person acted in a manner which such person knew not to be in good faith or knew not to be in the best interests of the Township; or

B. The Township:

(1) Shall determine that such person acted in a manner which such person knew not to be in good faith or knew not to be in the best interests of the Township; and

(2) Shall have received the opinion of its independent counsel that indemnification may be improper under the circumstances.

§ 82-3 Criminal matters.

As to § 82-1C above, a conviction or judgment (whether after trial or based on a plea of guilty or nolo contendere or otherwise) shall not be deemed an adjudication adverse to the person to be indemnified unless it shall also be adjudged in such conviction or judgement that such person knew such actions to be unlawful.

§ 82-4 Intent and obligation; interpretation.

It is the intent and obligation of the Township to indemnify each former and present Commissioner, officer, employee or agent in accordance with this chapter and to the maximum extent permitted by law. If any portion of this chapter is declared to be illegal or unenforceable, then the remaining portions of this chapter shall be interpreted so as to provide the maximum indemnity permitted by law.

§ 82-5 Conditions.

Any person entitled to indemnity pursuant to this chapter shall, as a precondition to such indemnity, inform and consult with the Township prior to incurring any cost or expense for which indemnity is requested. Payment of expenses to be indemnified shall be made as and when incurred by the person to be indemnified, except as otherwise directed by the Township. The indemnity obligation, as hereinbefore set forth, shall:

A. Be in addition to and supplemental to any right of indemnity pursuant to any insurance contracts; and

B. Be in addition to and supplemental to any right of indemnity pursuant to the "Political Subdivision Tort Claims Act"[1] or any other right of indemnity; and

[1] Editor's Note: See 42 Pa.C.S.A. § 8541 et seq.

C. Not constitute a waiver of any immunity which might be available to the person entitled to indemnity.