[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.
