[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:
A.
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:
(1)
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
(2)
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.
B.
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.
C.
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.
D.
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.
