[HISTORY: Adopted City of Norwalk Common Council 6-10-1986; amended in
its entirety 5-23-2017. Subsequent
amendments noted where applicable.]
A.
The City of Norwalk shall protect and save harmless and shall defend
any lawsuit or administrative proceeding instituted against any municipal
officer, whether elected or appointed, of any board, committee, council,
agency or commission of the City of Norwalk, or any municipal employee
of the City of Norwalk from financial loss and expense, including
legal fees and costs, if any, arising out of any claim, demand, suit
or judgment by reason of alleged negligence, or for alleged infringement
of any person's civil rights, on the part of such officer or
such employee while acting in the discharge of his or her duties in
accordance with applicable provisions of the Connecticut General Statutes
including, but not limited to, Section 7-101a, as that section may
be amended from time to time
B.
In addition to the protection provided under Subsection A of this section, the City of Norwalk shall protect and save harmless any such municipal officer or municipal employee from financial loss and expense, including legal fees and costs, if any, arising out of any claim, demand or suit instituted against such officer or employee by reason of alleged malicious, wanton or willful act or ultra vires act, on the part of such officer or employee while acting in the discharge of his or her duties. In the event such officer or employee has a judgment entered against him or her for a malicious, wanton or willful act in a court of law or administrative body, the City of Norwalk shall be reimbursed by such officer or employee for expenses it incurred in providing such defense and shall not be held liable to such officer and employee for any financial loss or expense resulting from such act.
Except as otherwise provided in this chapter, the City of Norwalk
shall defend any action brought against any municipal officer or municipal
employee. It shall not be liable for any judgment, settlement or for
fees of attorneys or other costs if a municipal officer or municipal
employee does not notify the City Clerk, in writing, within 10 days
of his/her first notice of presentation or institution of a claim
or a lawsuit or chooses to defend any action on his or her own without
the authority of the Mayor or the Corporation Counsel, unless it is
determined that the City of Norwalk was required to represent the
interests of such person and has failed to provide counsel for such
person.
In the event that the City of Norwalk determines at any time
that it will not defend or save harmless any municipal officer or
municipal employee as a result of the person's acts or omissions
occurring not in the performance of governmental functions or within
the scope of the person's duties or if the person has acted in
bad faith and not in the exercise of honest judgment or has acted
maliciously, wantonly or in abuse of his or her discretion, the Mayor
or the Corporation Counsel shall give prompt written notice to the
person that the City of Norwalk will withdraw coverage and provision
of defense as established by this chapter. The Mayor shall deliver
written notice of the withdrawal to the Common Council at its next
regular meeting. The withdrawal shall be effective unless rejected
by a resolution of the Common Council.
In the event that the City of Norwalk determines, at the time
of the institution of any suit or administrative proceeding or at
any time during the course of said suit or proceeding, that it will
not defend said action or proceeding or protect and save harmless
any municipal officer or municipal employee as a result of the person's
acts or omissions occurring not in the performance of governmental
functions or within the scope of the person's duties or if the
person has acted in bad faith and not in the exercise of honest judgment
or has acted maliciously, wantonly or in abuse of his or her discretion,
the Mayor or the Corporation Council shall give prompt written notice
to the person that the City of Norwalk will not defend and shall not
protect and save harmless from any judgment or order entered in the
lawsuit or administrative proceeding. The Mayor shall deliver written
notice of the withdrawal to the Common Council at its next regular
meeting. The withdrawal shall be effective unless rejected by a resolution
of the Common Council; provided, further, that, in an appropriate
case as determined by the Corporation Counsel, the City of Norwalk
may elect to defend said person under a reservation of rights upon
written notice to the person of such reservation of rights and upon
informing the individual of a right to seek independent counsel.
In the event that any municipal officer or municipal employee
is covered by an insurance policy in effect at the effective date
of this chapter, this chapter shall not take effect as to the municipal
officer or municipal employee until the City Clerk has been advised,
in writing, by the board, committee, council, agency or commission
that the current insurance has terminated by reason of expiration
or nonrenewal by the insurer.
