As used in this chapter, the following words shall have the
meanings indicated:
TOWN EMPLOYEE
Includes all salaried employees of the Town other than those
persons falling within the definition of Town official.
TOWN OFFICIAL
Includes the Mayor and members of the Town Council, Town
Clerk-Treasurer, Town Attorney and Town Engineer.
Nothing contained herein shall constitute a waiver by the Town,
on its own behalf or by any Town official or Town employee, of the
defenses of sovereign immunity or governmental immunity, by whatever
name known, or of the defense of statute of limitations or of any
other defense in any suit or claim brought against any Town official
or Town employee.
To the extent permitted by law and to the extent of the Town's
insurance coverage, the Town shall hold harmless and pay on behalf
of any Town official all sums which such official becomes obligated
to pay by reason of the liability imposed upon such official by law
if the official, at the time of the incident or occurrence giving
rise to such liability, was acting within the scope of his or her
duties or office for the Town and the incident or occurrence arose
out of such duties or office. It shall also be the duty of the Town
to provide the defense, by the Town Attorney or by other counsel in
the discretion of the Town, for any claim or action arising from an
assertion of liability against such official while acting within the
scope of his or her duties or office for the Town. The indemnification
and/or defense herein provided for shall not be available to one who
willfully and intentionally disregards the instructions or directions
issued by the Mayor and Town Council.
The indemnification and defense provided for in §
26-3 above shall only attach and become available after all other insurance for such indemnification or defense has been exhausted.
The effective date of this chapter shall be retroactive to May
1, 1981.