[HISTORY: Adopted by The Commissioners of St. Michaels as
indicated in article histories. Amendments noted where applicable.]
[Adopted 3-11-2020 by Res. No. 2020-02]
The provisions of this article apply to the following individuals,
who shall collectively be referred to herein as "Town Officials and
Employees":
Town officials and employees, when defending themselves as individuals
against charges arising from the performance of their official duties
and within their scope of employment, are entitled to be represented
by legal counsel of their choice and to be reimbursed for their legal
expenses by the Town, subject to the conditions set forth herein.
As used herein, the term "legal expenses" shall mean reasonable
attorney's fees and other direct costs incurred in connection
with preparing for and representing Town officials and employees in
any legal action initiated against such individual and arising from
the performance of his or her official duties.
The Commissioners shall have the sole authority to determine
the reasonableness of any attorney's fees for which reimbursement
is requested. Notwithstanding the foregoing, no reimbursement of legal
expenses shall exceed $15,000 unless otherwise approved by the Commissioners
in their sole discretion and only in cases of appeals taken from the
initial legal action initiated.
If any Town official or employee is ultimately adjudicated to
be liable for the charges filed against him or her, then he or she
shall refund to the Town all legal expenses for which he or she received
reimbursement from the Town upon terms and conditions to be approved
by the Commissioners.
Requests for reimbursement of legal expenses shall be submitted
to the Town by the Town official or employee's attorney and,
once approved by the Commissioners, paid by the Town directly to such
individual's attorney within 30 days.
The Commissioners shall not approve any reimbursement of any
legal expenses for which insurance coverage is available.
