[HISTORY: Adopted by the Board of Supervisors of the Township of Independence 7-19-1989 by Ord. No. 89-1. Amendments noted where applicable.]
GENERAL REFERENCES
Officers and employees — See Ch. 39.
[Amended 5-16-2012; 5-21-2014]
The Township of Independence shall indemnify to the full extent authorized or permitted by the laws of the Commonwealth of Pennsylvania any person who was or is a party, or is threatened to be made a party to any threatened, pending or completed action, suit or proceeding, whether civil, criminal, administrative, or investigative (other than an action by or in the right of the Township) by reason of the fact that he or she is or was a Township Supervisor, Township Secretary or Assistant Secretary or Code Enforcement Officer, or was an employee or agent of the Township of Independence or is or was serving at the request of the Township of Independence as an employee or agent thereof.
In limitation of § 16-1 above, the indemnification by the Township of Independence shall only be to the extent that the liability or responsibility incurred on the part of said officer or employee is not otherwise covered or reimbursed by insurance or other sources wherein said indemnification shall only be to the extent of actual out-of-pocket expenditures not otherwise reimbursable, insured, or payable by or from other sources.
In furtherance of §§ 16-1 and 16-2 above, and in limitation thereof, there shall be no indemnification by the Township of Independence unless notice of the underlying action, suit, proceeding or claim has been given to the Township of Independence within 15 working days of receipt of notice of the same by the officer or employee except as to existing claims or proceedings as of the date of the passage of this chapter wherein notice of the same must be given to the Township of Independence with 15 working days of the passage of this chapter.
Indemnification by the Township of Independence to the officer or employee shall not include reimbursement or payment for court costs, attorney's fees and the like as incurred by said officer or employee unless the Solicitor for Independence Township represented said officer or employee at the request of and with the permission of said officer or employee and the majority of the Supervisors of Independence Township. Therefore, there shall be no indemnification or reimbursement to said employee or officer for the attorney's fees, court costs and the like incurred by said individual unless said individual is or was represented by the Township Solicitor as approved by the Township Supervisors. If, however, the Township Solicitor should decline to undertake representation in said matter, then and in that event, the Township shall indemnify and/or reimburse said employee or officer for any and all court costs, attorney fees and expenses incurred therein subject, however, to the same being approved by the Township Solicitor for reasonableness, necessity and the like as pertains to the amounts thereof and in no event shall there be reimbursements or indemnification for attorney's fees incurred by said individual in an amount in excess of the hourly rate charged by the Township Supervisor to the Township for general legal matters.
This chapter shall not be effective nor be implemented until such time as the same has been approved by the Township Auditors as pertains to compensation and/or reimbursement to or for the Township Supervisors now and in the future.
The above terms and conditions notwithstanding, in no event shall there be any reimbursement or indemnification to any Township Officer, employee or agent if the claim, action or preceding is or was founded or based upon a violation of the rules and regulations of the Pennsylvania Ethics Commission and/or the Ethics Act unless said claim or action against said officer employee or agent was unsuccessful.