[HISTORY: Adopted by the Town of Plainville as indicated
in article histories. Amendments noted where applicable.]
[Adopted by the Town Meeting 3-29-1954; amended in its entirety by the Town
Council at time of adoption of Code (see Ch. 1, General Provisions,
Art. II)]
The Town Council may provide by ordinance a system of retirement
allowances for the Town's regular full-time paid employees and
for contributions by employees and the Town to a fund from which such
allowances shall be paid. The Town may enter into contract with any
company or institution authorized to do business in this state for
the purpose of insuring the whole or any part of this retirement plan;
elect to participate in the Connecticut Municipal Employees Retirement
Fund; elect to participate in the old-age and survivors insurance
system under Title II of the Social Security Act, in accordance with
the provisions of the Connecticut General Statutes; or elect any combination
thereof. The Town Council may authorize the transfer of the management
and investment of the Town's pension funds to any fiduciary institution
chartered or licensed to operate in the State of Connecticut under
the provisions of the Connecticut General Statutes.
[Adopted by the Town Council 6-16-1975]
Except as otherwise provided in this article, the Town of Plainville
shall indemnify any person who was or is a party, or was threatened
to be made a party, to any threatened, pending or completed civil
or administrative action, suit or proceeding (other than an action
by or in the right of the Town), when it should appear that such person,
or the person whose legal representative he is, was serving as an
officer, employee or agent of the Town, whether elected or otherwise
appointed, and when it further should appear that such service to
the Town was or is the basis of such threatened or actual proceedings.
The Town shall provide the services of the Town Attorney, or
other counsel if appropriate, at no expense to any person entitled
to indemnification, and the Town Attorney or other counsel shall provide
a full and complete defense on behalf of such person to all proceedings,
including any appeals. Any counsel other than the Town Attorney to
be provided under this section shall be subject to the approval of
the Town Council.
Indemnification shall include attorney's fees, reimbursement of judgments, amounts paid in settlement, and other expenses actually and reasonably incurred in connection with such proceedings, or any appeal therefrom. In addition to such indemnification, expenses may be paid in advance of the final disposition of proceedings as authorized by the Town Council, the members of which shall be entitled to vote consistent with the provisions of the Code of Ethics (Chapter 29 of this Code), whether or not they are parties to the proceedings.
No such indemnification or defense shall be provided by the
Town unless the party who seeks to rely on this article notifies the
Town Council of the threatened proceeding promptly upon learning of
the same, nor shall such indemnification be provided where such person
did not act in good faith and in a manner that he reasonably believed
to be in the best interests of the Town. The final determination,
other than through settlement or compromise, of the proceedings in
a manner favorable to such person shall be conclusive evidence that
such person acted in good faith, but determination in a manner unfavorable
to such person shall not be conclusive that such person is not entitled
to indemnification.
The Town shall not indemnify any person to any extent greater
than that authorized by this article, but the Town may procure insurance
providing greater indemnification.
