City of Bangor, ME Chapter 37 Defense and Indemnification

[HISTORY: Adopted by the City Council of the City of Bangor as Ch. I, Art. 7; amended 6-28-1976. Subsequent amendments noted where applicable.]

§ 37-1 Counsel to be provided; payment of settlement.

The City Council shall in all cases provide competent legal counsel to defend any City Councilor, officer or 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 a City Councilor, officer or employee of the City and shall pay or indemnify such Councilor, officer or employee as against all expenses, fees, judgments, fines and amounts paid in settlement actually and reasonably incurred by them in connection with such action, suit or proceeding, subject to the following sections.

§ 37-2 Exceptions.

A. Nothing herein shall be construed to require the City to provide legal counsel or such indemnification for any City Councilor, officer or employee, or the member of any City board or commission, in the following situations:

(1) In civil matters, where the Councilor, officer or employee, or board or commission member, is the plaintiff or moving party or where it shall be finally adjudicated in any action, suit or proceeding that said Councilor, officer or employee, or board or commission member, shall not have acted in good faith and in the reasonable belief that their action was in the best interest of the City.

(2) In criminal matters, where the Councilor, officer or employee, or board or commission member, is the complaining party or is convicted and, prior to engaging in the conduct for which convicted, had reasonable cause to believe that such conduct was unlawful.

[Amended 9-14-1998 by Ord. No. 98-339]

B. 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 their action was in the best interests of the City and, with respect to any criminal action or proceeding, had reasonable cause to believe that their conduct was unlawful.

§ 37-3 Other legal counsel.

Nothing herein shall be construed to prohibit any such Councilor, officer or employee from seeking additional legal counsel other than that provided by the City. However, nothing herein shall be construed as to require the City to pay any fees or other expenses incurred as a result of employment of such additional counsel.

§ 37-4 Rights not exclusive.

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.

§ 37-5 Litigation between two qualifying persons.

In circumstances involving litigation or other legal proceedings between two persons qualifying for the privileges granted herein, the City Solicitor will not be required to represent or otherwise participate on behalf of either party.