[HISTORY: Adopted by the Borough Council of the Borough of
Dallastown 11-9-1987 by Ord. No.
384. Amendments noted where applicable.]
This chapter shall be known as the "Dallastown Borough Officials'
and Employees' Indemnification Ordinance."
The Borough shall indemnify to the fullest extent permitted
by law any and all persons who may serve or have served at any time
as officials of the Borough or employees of the Borough, and their
heirs, administrators, successors and assigns, against any and all
judgments against such persons in any action, suit or proceeding in
which they, or any of them, are made parties or a party by reason
of being or having been an official of the Borough or an employee
of the Borough where there is a final judicial determination that
the act of the official of the Borough, or the employee which gave
rise to the action, suit or proceeding was, or the official of the
Borough or employee in good faith reasonably believed that such act
was, within the scope of the office or duties of such person, provided
that the official of the Borough or employee being indemnified shall
have given to the Borough timely prior written notice of the claim
of such official of the Borough or employee for such indemnification,
as required by the Act. For this purpose, notice shall be deemed to
be timely if given not later than 14 days after the commencement of
the action resulting in the judgment for which indemnification is
claimed.
When an action is brought against an official of the Borough
or an employee and either it is alleged that the act which gave rise
to the claim was within the scope of the office or duties of the official
of the Borough or employee or the Borough Council determines that
such act was within the scope of such office or duties of the official
of the Borough or the employee in good faith reasonably believed the
act was within the scope of such office or duties, then upon written
request of the official of the Borough or the employee made not more
than 14 days after the commencement of the action, as provided in
the Act, the Borough shall defend the action on behalf of the official
of the Borough or the employee at its own expense or, at its option,
provide independent representation for the official of the Borough
or employee, also at the expense of the Borough; and the Borough shall
also pay on behalf of the official of the Borough or the employee
amounts payable in any settlement which settlement has been approved
by a disinterested majority of the Borough Council of the Borough
or, in the absence thereof, approved by independent counsel for the
Borough.
Notwithstanding the foregoing sections of this chapter, the
Borough shall not indemnify an official of the Borough or employee
where there is a final judicial determination that, and the Borough
shall not provide any legal defense where the Borough Council reasonably
determines that, the act of the official of the Borough or employee
which gave rise to the action, suit or proceeding constituted a crime,
actual fraud, actual malice or willful misconduct.
