[HISTORY: Adopted by the Town Council of the Borough of West
View 9-7-1977 by Ord. No. 1198 (Ch. 13 of the 1977 Code). Amendments
noted where applicable.]
A.
Subject to the provisions hereinafter set forth, the Borough of West
View shall indemnify any Councilperson, the Mayor, officer, employee
or agent of the Borough 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 Borough),
by reason of the fact that said individual is or was a Councilperson,
the Mayor, officer, employee or agent of the Borough of West View,
against expenses (including attorneys' fees, judgments, fines
and amounts paid in settlement actually and reasonably incurred by
said person in connection with such action, suit or proceeding) if
said person acted in good faith and in a manner said person reasonably
believed to be in, or not opposed to, the best interest of the Borough
of West View 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 or
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 the manner which he reasonably believed to be in,
or not opposed to, the best interest of the Borough of West View and,
with respect to any criminal action or proceeding, that the person
had reasonable cause to believe that his conduct was unlawful.
B.
The Borough of West View shall indemnify any Councilperson, the Mayor,
officer, employee or agent of the Borough 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 Borough to procure a judgment
in its favor by reason of the fact that he is or was a Councilperson,
the Mayor, officer, employee or agent of the Borough, 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 interest of the Borough; 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 willful misconduct in the performance
of his duty to the Borough of West View 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 Councilperson, the Mayor, officer, employee or agent of the Borough has been successful on the merits or otherwise in the defense of any action, suit or proceeding referred to in § 28-1 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 § 28-1 of this chapter (unless ordered by a court) shall be made by the Borough only as authorized in the specific case upon a determination that indemnification of the Councilperson, the Mayor, 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 Town Council of the Borough of West View by a majority vote
of a quorum consisting of the Councilpersons who were not parties
to such action, suit or proceeding; or
B.
If such quorum is not obtainable, or even if obtainable and a majority
vote of a quorum of disinterested Councilpersons 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 Borough in advance of the final disposition of such action, suit or proceeding as authorized in a manner provided in § 28-3 of this chapter upon receipt of an undertaking by or on behalf of the Councilperson, the Mayor, officer, employee or agent to repay such amount unless it shall ultimately be determined that he is entitled to be indemnified by the Borough 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 Councilperson, the Mayor, 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 Town Council of the Borough
of West View are hereby authorized and directed to purchase insurance
on the Councilpersons, the Mayor, 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 thereby.
Nothing contained in this chapter shall be construed to affect,
alter or change the liability of elected or appointed officials or
officers of the Borough of West View for surcharge in accordance with
the law.
Nothing in this chapter shall be deemed to affect, modify, amend
or repeal any provision of any Act of Assembly of the Commonwealth
of Pennsylvania.
