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Town of Fenwick Island, DE
Sussex County
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[HISTORY: Adopted by the Town Council of the Town of Fenwick Island 3-30-1984 as Ord. No. 61. Amendments noted where applicable.]
A. 
For purposes of this chapter, the term "town officers and employees" shall include the President and Council of the Town of Fenwick Island, all appointed officers and all employees of the Town of Fenwick Island.
B. 
Where requested in writing by the town officer or employee, the Town Solicitor shall undertake the representation or defense without charge of any town officer or employee in a civil action arising out of or related to the performance by said officer or employee of his public duties; or may undertake in a criminal action arising from performance of his duties and which action does not allege official misconduct, profiteering, bribery, receiving unlawful gratuities, improper influence or other abuse of his office or employment. An officer or employee may select his or her attorney with the concurrence of the town solicitor and town council.
C. 
An officer or employee who is held liable for the payment of any claims arising out of a civil action or settlements, judgments, expenses, costs and awards of attorney's fees arising therefrom shall be entitled to indemnification therefor where the claim shall have been determined by the Town Solicitor, subject to the approval of the Town Council, to have resulted from activities which:
(1) 
Were done in good faith.
(2) 
Were done in the reasonable belief that such activities were in the best interest of the town and in the furtherance of the official practices and policies of the town.
(3) 
Were within the scope of authority of the person so acting.
(4) 
Were within the course of employment of the person so acting.
(5) 
Were not willful, malicious or wanton.
D. 
The President of the Council is hereby authorized to enter into contracts of insurance from the indemnification of town officers and employees who are determined to be entitled thereto in accordance with Subsection C of this section.
E. 
The Town Council may, upon resolution, authorize the payment of legal fees incurred by a town employee for representation in a criminal action, if the charge arose out of or in the course of town employment. Council shall review an application for reimbursement based upon the criteria set forth in Subsection C. In no event shall any payment under this section be authorized where the employee has been found guilty, after trial and any appeal, of a crime involving a breach of public trust.
F. 
By the adoption of this chapter, the defense of governmental or sovereign immunity shall not be considered waived by the town, its agencies, boards, commissions, departments or any employee or officer of the town.
G. 
The right to indemnification shall be afforded to all employees or officers of the town for pending or future claims arising out of civil actions or settlements, judgments, expenses, costs and awards of attorney's fees arising therefrom that meet the criteria set forth in Subsection C; said indemnification is intended to be applied in cases where the claim is legally enforceable at the time of passage of this chapter or thereafter.