[CC 1979 §2-293; Ord. No. 86-176 §1, 1-20-1986]
A.
The
City of Manchester may, in its discretion, indemnify 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 City) by reason of the fact that he/she is or was a public
official, whether elected or appointed officer, employee or agent
of the City or its boards or commission or was serving at the request
of the City on any other government board or commission against expenses,
including attorney fees, judgments, fines and amounts paid in settlement
or compromise actually and reasonably incurred by him/her in connection
with such action, suit or proceeding if he/she acted in good faith
in a manner he/she reasonably believed to be in or not opposed to
the best interest of the City and, with respect to any criminal action
or proceeding, had no reasonable cause to believe his/her conduct
was unlawful or unconstitutional.
B.
The
termination of any action, suit or proceeding by judgment order, settlement,
conviction, or upon a plea of nolo contendere or its equivalent shall
not, of itself, create a presumption that the person did not act in
good faith and in a manner which he/she reasonably believed to be
in or not opposed to the best interest of the City and, with respect
to any criminal action or proceeding, had reasonable cause to believe
that his/her conduct was not unlawful; except that no indemnification
shall be made in respect of any claim or matter as to which such person
shall have been adjudged to be liable for negligence or misconduct
in performance of his/her duty to the City unless and only to the
extent that the court in which the action or suit was brought determines
upon application that, despite the adjudication of liability and in
view of all the circumstances of the case, the person is fairly and
reasonably entitled to indemnity for such expenses which the court
may deem proper.
[CC 1979 §2-294; Ord. No. 86-176 §2, 1-20-1986]
Expenses incurred in defending a civil or criminal action, suit
or proceeding may be paid by the City in advance of the final disposition
of the action, suit or proceeding as authorized by the Board of Aldermen
in the specific case upon receipt of an undertaking by or on behalf
of the public official, employee or agent to pay the expense of such
action.
[CC 1979 §2-295; Ord. No. 86-176 §3, 1-20-1986]
Any person seeking indemnification from the City shall, in the
event of any occurrence and upon receipt of notice of any claim, suit,
action or proceeding, promptly notify in writing the City Administrator
of the City of the identity of the person seeking indemnification
and also reasonably obtainable information with respect to the time,
place and circumstance that give rise to the occurrence including
the name and address of the injured party and of any witnesses.
[CC 1979 §2-296; Ord. No. 86-176 §4, 1-20-1986]
The person seeking indemnification shall cooperate with the
City in any investigation, defense, negotiation or compromise of any
claim, suit or action, even if any of the allegations of the suit
are groundless, false or fraudulent, and the City may make such investigation
and settlement of any claim or suit as it deems expedient, but the
City shall not be obligated to pay any claim or judgment or expense
including attorney fees unless and until the benefits of any insurance,
whether provided by the City or by the person seeking indemnification,
have been exhausted and in no event in excess of one hundred thousand
dollars ($100,000.00) for any one (1) claimant or an aggregate of
one hundred fifty thousand dollars ($150,000.00) for all claims arising
out of and upon the same act or an aggregate of one hundred fifty
thousand dollars ($150,000.00) during any one (1) calendar year.
[CC 1979 §2-298; Ord. No. 86-176 §6, 1-20-1986]
The City may, in its discretion, purchase and maintain insurance
on behalf of the City or any person who is or was a public official,
whether elected or appointed, or an employee or agent of the City,
its boards or commissions, or is or was serving on any other board
or commission at the request of the City, against claims or causes
of action for property damage or personal injuries including death,
caused while in the exercise of government functions.
[CC 1979 §2-299; Ord. No. 86-176 §7, 1-20-1986]
The indemnification provided herein is intended for the personal
enjoyment, protection and welfare of the City, its public officials,
whether elected or appointed, its employees or agents as herein set
forth and no such person can assign, sell, pledge, hypothecate or
in any other manner anticipate or dispose of such right to indemnification;
and no party recovering any such judgment, fines, amounts paid in
settlement or compromise of claim or cause of action or expense, including
attorney fees, against a person eligible for indemnification can sue
the City to recover or enforce any claim for indemnification.
[CC 1979 §2-300; Ord. No. 86-176 §8, 1-20-1986]
Nothing herein shall be construed to broaden the liability of
the City, its public officials, whether elected or appointed, its
employees or agents, not to abolish or waive any defense at law which
might otherwise be available to the City, its public officials, whether
elected or appointed, its employees or agents.
[CC 1979 §2-301; Ord. No. 86-176 §9, 1-20-1986]
The payment of such amounts as may be necessary for the benefit
of any person covered hereby are deemed necessary and proper public
purposes for which funds of this City may be expended.
