The purpose of this chapter is to provide legal and financial protection
for those individuals serving the Town of Van Buren from losses from legal
actions which may be brought against them in their individual or collective
capacity for their actions taken while in the performance of their official
duties and responsibilities. Further, the protection to be afforded by this
chapter is to be supplemental to, but not instead of, existing or future insurance
policies carried by the town for the protection of its employees. In enacting
this chapter, the Town Board of the Town of Van Buren finds that such protective
legislation is required for protection of local personnel so as to continue
to attract qualified individuals to local government service. Further, the
Town Board does not intend to limit or otherwise abrogate any existing right
or responsibility of the town or its employees with regard to indemnification
or legal defense.
The duty to defend or indemnify and save harmless provided by this chapter
shall be conditioned upon:
A. Delivery to the attorney for the town or his assistant,
at his office, by the employee of the original or a copy of any summons, complaint,
process, notice, demand or pleading within 10 days after he is served with
such document.
B. The full cooperation of the employee in the defense of
such action or proceeding and in defense of any action or proceeding against
the state based upon the same act or omission, and in the prosecution of any
appeal. Such delivery shall be deemed a request by the employee that the town
provide for his defense pursuant to this chapter.