[HISTORY: Adopted by the Municipal Council of the Township
of Irvington 3-8-1983 by Ord. No.
MC 2689 (Ch. 10 of the 1981 Revised Code). Amendments
noted where applicable.]
Except as provided in §§ 32-2 and 32-3, whenever any person holding or formerly holding any office, position or employment with the Township of Irvington, hereinafter referred to as an "employee," is a defendant in any civil action or legal proceeding arising out of or incidental to the performance of the duties of such office, position or employment, the Township shall provide the employee with the necessary defense or, at the option of the Township Attorney, the means for the defense of such action or proceeding and shall save and hold such employee harmless from any payment, settlement or judgment resulting from such proceeding.
The Township shall not provide a defense in any criminal action
against any employee except as may be authorized by state statute
or other municipal ordinance or resolution.
A.
The obligation of the Township to defend and indemnify an employee
for acts or omissions arising out of or incidental to the performance
of the duties of such office, position or employment shall be limited
to those circumstances under which the Township itself would be liable
for the acts of the employee under the doctrine of respondent superior.
B.
The Township shall not defend or indemnify an employee committing
an intentional or willful act or willful omission arising out of or
in the course of the performance of the duties of such office, position
or employment.
C.
The Township shall not defend nor indemnify an employee where the
action has been brought by the Township or in connection with any
claim brought about or contributed to by fraud or dishonesty.
D.
Excluded from the provisions of this chapter is any employee providing
any form of professional medical services insofar as said proceeding
arises out of or is incidental to said professional medical services.
