[Adopted 3-20-1979 (Ch. 2, Art. IV, Div. 1, § 2-92,
of the 1990 Code of Ordinances)]
The Town shall provide defense counsel for any
official, officer or employee of the Town whenever such official,
officer, or employee shall be sued for damages arising out of the
discharge, in good faith, of his or her public duties.
The Town shall indemnify and save harmless any
official, officer or employee of the Town for loss and expense arising
out of any claim, demand or judgment by reason of negligence, defamation,
or other act resulting in injury to a person or damage to reputation
or a business or commercial interest, or damage to or destruction
of property, and for loss and expense arising out of any claim, demand,
suit or judgment by reason of any act or omission constituting a violation
of the civil rights of an employee, teacher or student or any other
person under federal law if such act or omission was not committed
with malice, provided that the indemnified person at the time of the
accident resulting in injury, damage, or destruction or at the time
of the act or omission constituting a violation of civil rights was
acting in good faith and within the scope of his authority or employment;
and provided, further, that where timely notice of the claim, demand
or suit is not given to the Town Council such indemnification shall
be provided only at the discretion of the Town Council.
Defense counsel and/or indemnification shall
be provided pursuant to the terms of this article to an official,
officer or employee after his authority or employment has been terminated,
provided that such official, officer or employee was in the employ
of, or was acting pursuant to authority granted by, the Town at the
time the cause of action accrued; provided, further, in case of a
tort action it shall be sufficient if such official, officer or employee
was in the employ of, or was acting pursuant to authority granted
by, the Town on the date the official, officer or employee committed
the act or omission which ultimately produced the injury or damage
which gave rise to the cause of action.
Nothing in this article shall be interpreted
as abrogating the discretion of the Town Council to provide for the
indemnification of any official, officer or employee of the Town under
circumstances not specifically provided for by this article where
such indemnification is not repugnant to the Constitution or laws
of this state or the United States and is deemed by the Town Council
to be in the best interests of the Town.
