[HISTORY: Adopted by the Council of the City of Pawtucket, approved 10-20-1988 as Ch. No. 2039. Amendments noted where applicable.]
The City of Pawtucket shall indemnify any and all public employees, officials, members of boards, agencies and commissions appointed by the Mayor, the City Council or by any other person exercising appointing authority delegated to them by said Mayor and/or City Council, whether or not such employees, officials or members are paid, from all loss, cost, expense and damage, including legal fees and court costs, if any, arising out of any claim, action, compromise, settlement or judgment, by reason of any intentional tort or by reason of any alleged error or misstatement or action or omission, or neglect or violation of the rights of any person under any federal or state law, including misfeasance, malfeasance or nonfeasance or any act or omission or neglect contrary to any federal or state law which imposes personal liability on any such employee, official or member, if such employee, official or member, at the time of such intentional tort or act, omission or neglect, was acting within the scope of his or her official duties or employment.
The City of Pawtucket shall decline to indemnify any such employee, official or member for any misstatement, error, act, omission or neglect if the same resulted from willful, wanton or malicious conduct on the part of such employee, official or member. The City Council shall decide, on a case-by-case basis, whether indemnification should be allowed or declined.
The city shall have the duty to provide legal representation through the City Solicitor or through outside legal counsel without charge to the persons involved to any city officer or employee indicated in § 30-1 above, in connection with any claim, suit for damages or other action against such person arising from the performance by said person or persons of his or her public duties, provided that such person or persons may have his or her own private counsel to assist in his or her defense, at the expense of the person or persons so involved.
The City Council shall have the authority to approve or deny any and all requests for outside legal counsel on a case-by-case basis.
The city shall not be liable for settlement, costs, expenses or attorney's fees arising out of any claim or suit effected without its consent.
The city reserves the right to assert any defense and make any settlement of any claim or suit that it deems expedient.
Indemnification shall include provision of legal counsel at the expense of the city and expenses incurred in connection with the conduct of such defense, including payment of any judgment thereon.
The city shall be responsible for paying attorneys' fees for outside legal counsel only upon approval of same by the City Council.
Nothing in this chapter shall be construed or interpreted as waiving the city's defense of governmental immunity to it or its employees or officers in any action brought against the city or any of its officers or employees.
The provisions of this chapter shall apply only where the city has been given timely notice of any actions brought against any person or persons.
Nothing in this chapter or in any ordinance of the city shall be construed to require the City Solicitor to provide legal services in any manner which would cause the attorney to be involved in a conflict of interest.
For the purposes of this chapter, the term "acting within the scope of his or her official duties or employment" shall not include any action which occurs during a period of time in which the officer or employee is engaged in outside employment or is rendering contractual services to someone other than the city.