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--- (4) --- State Law reference— Indemnification of public officials, employees or elected officials, G.L. 1956, § 45-15-16.
Sec. 2-107. - Definitions.#
The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Acting within the scope of his 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.
(Code 1994, § 30-68; Ord. of 8-31-2004(3))
Sec. 2-108. - Coverage.#
The city 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 official duties or employment.
(Code 1994, § 30-61; Ord. of 8-31-2004(3))
Sec. 2-109. - Denial of indemnification.#
The city 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.
(Code 1994, § 30-62; Ord. of 8-31-2004(3))
Sec. 2-110. - Defense in actions.#
(a)
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 section 2-108, in connection with any claim, suit for damages or other action against such person arising from the performance by said person of his public duties, provided that such person may have his own private counsel to assist in his defense, at the expense of the person so involved.
(b)
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.
(c)
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.
(d)
The city reserves the right to assert any defense and make any settlement of any claim or suit that it deems expedient.
(Code 1994, § 30-63; Ord. of 8-31-2004(3))
Sec. 2-111. - Expenses included in indemnification.#
(a)
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.
(b)
The city shall be responsible for paying attorneys' fees for outside legal counsel only upon approval of same by the city council.
(Code 1994, § 30-64; Ord. of 8-31-2004(3))
Sec. 2-112. - City's defenses.#
Nothing in this article 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.
(Code 1994, § 30-65; Ord. of 8-31-2004(3))
Sec. 2-113. - Notice required.#
The provisions of this article shall apply only where the city has been given timely notice of any actions brought against any person.
(Code 1994, § 30-66; Ord. of 8-31-2004(3))
Sec. 2-114. - Conflict of interest.#
Nothing in this article 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.
(Code 1994, § 30-67; Ord. of 8-31-2004(3))