Town of Farmington, CT
Hartford County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Council of the Town of Farmington 1-26-1982 by Ord. No. 63. Amendments noted where applicable.]
GENERAL REFERENCES
Officers and employees — See Ch. 47.
Except as otherwise provided in this chapter, the Town of Farmington (hereinafter called the "Town") shall indemnify any person who was or is a party or was threatened to be made a party to any threatened, pending or completed claim, demand, action, suit or proceeding, whether civil, criminal, administrative or investigative (other than an action by or in the right of the Town), when it appears that such person, or the person whose legal representative he is, is or was serving as an official, officer, employee or agent of the Town or any board, committee, council, agency or commission of the Town or is or was serving at the request of the Town as an official, officer, employee or agent of any other governmental body or any other entity, whether elected, appointed or otherwise employed, and when it further appears that such service was or is the basis of, or was or is in any way connected with, such claim, demand, action, suit or proceeding. Indemnification shall include reimbursement of judgments, fines, penalties, amounts paid in settlement and expenses, including legal fees and costs, if any, actually and reasonably incurred in connection with such claim, demand, action, suit or proceeding, or any appeal therefrom.
No such indemnification or defense shall be provided by the Town where it is concluded that such person, and the person whose legal representative he is, did not act in good faith and in a manner he reasonably believed to be in the best interests of the Town and, with respect to any criminal action or proceeding, where he had reasonable cause to believe his conduct was unlawful. The final determination, other than through settlement or compromise, of the claim, demand, action, suit or proceeding in a manner favorable to such person shall be conclusive evidence that such person acted in good faith and in a manner he reasonably believed to be in the best interests of the Town and, with respect to any criminal action or proceeding, that he had reasonable cause to believe his conduct was lawful; but determination in a manner unfavorable to such person shall not, of itself, create a presumption that the person did not act in good faith or in a manner which he did reasonably believe to be in the best interests of the Town or, with respect to any criminal action or proceeding, that he had reasonable cause to believe that his conduct was unlawful.
Except as otherwise provided in this chapter, the Town shall indemnify any person who was or is a party or was threatened to be made a party to any threatened, pending or completed claim, demand, action, suit or proceeding by or in the right of the Town to procure a judgment in its favor when it appears that such person, or the person whose legal representative he is, is or was serving as an official, officer, employee or agent of the Town or any board, committee, council, agency or commission of the Town or is or was serving at the request of the Town as an official, officer, employee or agent of any other governmental body or any other entity, whether elected, appointed or otherwise employed, and when it further appears that such service was or is the basis of, or was or is in any way connected with, such claim, demand, action, suit or proceeding, against expenses, including legal fees and costs, if any, actually and reasonably incurred by him in connection with such claim, demand, action, suit or proceeding, or any appeal therefrom, in relation to matters as to which such person, or the person whose legal representative he is, is finally adjudged not to have breached his duty to the Town or where it is concluded that in view of all the circumstances such person is fairly and reasonably entitled to be indemnified.
The conclusions provided for in §§ 16-2 and 16-3 of this chapter may be reached by a majority of the members of the Town Council or, if a majority of the members of the Town Council are parties or threatened parties to the claim, demand, action, suit or proceeding, by a majority of a committee of three electors of the Town appointed by the Town Manager to consider such matter.
Expenses which may be indemnifiable under this chapter incurred in defending a claim, demand, action, suit or proceeding may be paid by the Town in advance of the final disposition of such claim, demand, action, suit or proceeding, as authorized by a majority of the members of the Town Council, whether or not they are parties to the proceeding, upon agreement by or on behalf of such person or his legal representative to repay such amount if he is later found not entitled to be indemnified by the Town as authorized in this chapter. The Town shall, in addition to such indemnification, provide the services of the Corporation Counsel or other counsel, if appropriate, at no expense to any person entitled to indemnification, and the Corporation Counsel or other counsel shall provide a full and complete defense on behalf of such person to all such claims, demands, actions, suits and proceedings, including any appeals. Any counsel other than the Corporation Counsel to be provided under this section shall be subject to the approval of the Town Council.
The Town shall not indemnify any person to any extent greater than that authorized by this chapter, but the Town may procure insurance providing greater indemnification.