[HISTORY: Adopted by the Village Council of the Village of Ridgewood 4-8-1986
by Ord. No. 2023. Amendments noted where applicable.]
GENERAL REFERENCES
Administration of government — See Ch. 3.
A.
Except as hereinafter provided, the Village of Ridgewood
shall, upon the request of any present or former official, employee or appointee
of the Village, provide for indemnification and legal defense of any civil
action brought against said person or persons arising from an act or omission
falling within the scope of their public duties.
B.
For the purposes of this chapter, the Village's duty
and authority to defend and indemnify shall extend to a cross-claim or counterclaim
against said person.
C.
The terms of this chapter and the definitions of "official,"
"employee" and "appointee" are to be construed liberally in order to effectuate
the purposes of this chapter, except that these terms shall not mean any person
who is not a natural person; any person while providing goods or services
of any kind under any contract with the Village; any person while providing
legal or engineering services for compensation, unless said person is a full-time
employee of the Village; and any person who as a condition of his or her appointment
or contract is required to indemnify and defend the Village and/or secure
insurance.
[Amended 7-16-2003 by Ord. No. 2835]
D.
The Village may indemnify a person for exemplary or punitive
damages resulting from that person's civil violation of state or federal law
if, in the opinion of the Village Council, the acts committed by the person
to be indemnified upon which the damages are based did not constitute actual
fraud, actual malice, willful misconduct or an intentional wrong.
[Amended 12-10-1991 by Ord. No. 2340]
A.
The Village shall provide for the defense of and indemnify
the defendant or defendants in a civil action if the person or persons involved:
B.
The Village may refuse to provide for the defense and
indemnification of any civil action referred to herein if the Village Council
determines that:
(1)
The act or omission did not occur within the scope of
a duty authorized or imposed by law;
(2)
The act or failure to act was the result of actual fraud,
willful misconduct or actual malice of the person requesting defense and indemnification;
or
(3)
The defense of the action or proceeding by the Village
would create a conflict of interest between the Village and the person or
persons involved.
In any other action or proceeding, including criminal proceedings, the Village may provide for the defense of a present or former official, employee or appointee if the Village Council concludes that such representation is in the best interest of the Village and that the person to be defended acted or failed to act in accord with the standards set forth in § 15-2 of this chapter.
Whenever the Village provides for the defense of any action set forth
herein and as a condition of such defense, the Village may assume exclusive
control over the representation of such person defended, and such person shall
cooperate fully with the Village.
The Village may provide for the defense pursuant to this chapter by
authorizing the Village Attorney to act in behalf of the person being defended
or by employing other counsel for this purpose or by asserting the Village's
right under any appropriate insurance policy which requires the insurer to
provide the defense.
