[HISTORY: Adopted by the Board of Commissioners of the Township
of Manheim 7-14-1986 by Res. No. 1986-42 (Part 2, Ch. 6, Art. H, of the
1976 Code of Ordinances). Amendments noted where applicable.]
Manheim Township, a First Class Township existing pursuant to
laws of the Commonwealth of Pennsylvania (Township), shall indemnify
any person who was or is a Commissioner, officer, employee or agent
of the Township or any of its boards, commissions, or agencies against
all reasonable costs and expenses (including, without limitation,
counsel fees, judgments, penalties, fines, amounts paid in settlement,
etc.) incurred in any actual or threatened investigation or proceeding
(whether civil, criminal, administrative or otherwise) if such person,
in acting as a Commissioner, officer, employee or agent of the Township,
its boards, commissions or agencies:
As to § 82-1A and B above, it shall be presumed that a person acted in good faith and in a manner such person believed to be in the best interest of the Township unless and until:
As to § 82-1C above, a conviction or judgment (whether after trial or based on a plea of guilty or nolo contendere or otherwise) shall not be deemed an adjudication adverse to the person to be indemnified unless it shall also be adjudged in such conviction or judgement that such person knew such actions to be unlawful.
It is the intent and obligation of the Township to indemnify
each former and present Commissioner, officer, employee or agent in
accordance with this chapter and to the maximum extent permitted by
law. If any portion of this chapter is declared to be illegal or unenforceable,
then the remaining portions of this chapter shall be interpreted so
as to provide the maximum indemnity permitted by law.
Any person entitled to indemnity pursuant to this chapter shall,
as a precondition to such indemnity, inform and consult with the Township
prior to incurring any cost or expense for which indemnity is requested.
Payment of expenses to be indemnified shall be made as and when incurred
by the person to be indemnified, except as otherwise directed by the
Township. The indemnity obligation, as hereinbefore set forth, shall: