[HISTORY: Adopted by the City Council of the City of Westbrook 7-6-2009 (Ch. 2, Art. X, of the 2007 Code). Amendments noted where applicable.]
The City Council shall in all cases provide competent legal counsel to defend the City, any of its boards and commissions, the Mayor, any City Councilor, officer, employee or the member of any City board or commission who is a party or is threatened to be made a party to any threatened, pending or contemplated action, suit or proceeding, whether civil, criminal, administrative or investigative, by reason of the fact that said person is or was the Mayor, a City Councilor, officer, employee or board member of the City, and shall pay or indemnify such Mayor, Councilor, officer, employee or board member as against all expenses, fees, judgments, fines and amounts paid in settlement actually and reasonably incurred by him or her in connection with such action, suit or proceeding, subject to the following:
Exceptions. Nothing herein shall be construed to require the City to provide or pay for legal counsel or provide indemnification for the Mayor, any City Councilor, officer, employee or board member in the following situations:
In civil matters, where the Mayor, Councilor, officer, employee or board member is the plaintiff or moving party, or where it shall be finally adjudicated in any action, suit or proceeding that said Mayor, Councilor, officer, employee or board member shall not have acted in good faith and in the reasonable belief that his or her action was in the best interest of the City; or
In criminal matters, where the Mayor, Councilor, officer, employee or board member is the complaining party, or had reasonable cause to believe that such conduct was unlawful. Termination of any action, suit or proceeding by judgment, order or conviction adverse to such person, or by settlement, or by plea of nolo contendere or its equivalent, shall not of itself create a presumption that such person did not act in good faith and in the reasonable belief that his action was in the best interests of the City nor, with respect to any criminal action or proceeding, that such person had reasonable cause to believe that his or her conduct was unlawful.
Other legal counsel. Nothing herein shall be construed to prohibit any such person from seeking additional legal counsel at his or her own expense. However, nothing herein shall be construed to require the City to pay any fees or other expenses incurred as a result of employment of such additional legal counsel.
Other rights. The rights provided for in this chapter shall not be deemed exclusive of any other rights to which those indemnified may be entitled under any other statute, ordinance, agreement or policy of the City.
City Solicitor. In circumstances involving litigation or other legal proceedings between two or more legal bodies or individuals qualifying for the privileges granted herein, the City Solicitor may, but shall not be required to, represent or otherwise participate on behalf of either party, subject to the requirements of the Maine Bar Rules and the Code of Professional Responsibility.