[HISTORY: Adopted by the Town Council of the Town of West
Greenwich 11-12-1986 by Ord. No.
53. Amendments noted where applicable.]
CHARTER REFERENCES
Town officials — See Art. VI.
Boards and commissions — See Art. VII.
Town departments — See Art. IX.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
The Town Council of the Town of West Greenwich shall, on a case-by-case
basis, indemnify any public employee, official, elected or otherwise,
member of a board, agency or commission appointed by the Town Council
or by any other person exercising appointing authority delegated to
him or her by the Town Council and all police officers and fire fighters,
whether or not such employee, official or member is paid, from all
loss, cost, expense and damage, including legal fees and court costs,
if any, arising out of any claim, action, compromise, settlement or
judgment by reason of any alleged error or misstatement or act or
omission, or neglect or violation of the rights of any person under
any federal or state law, including misfeasance, malfeasance or nonfeasance,
or any act, omission or neglect contrary to any federal or state law
which imposes personal liability on any such employee, official or
member, police officer or fire fighter, if such employee, official
or member, police officer or fire fighter, at the time of such act,
omission or neglect, was acting within the scope of his or her official
duties or employment. The Town Council shall not indemnify any such
employee, official or member, police officer or fire fighter for any
misstatement, error, act, omission, or neglect if the same resulted
from willful, wanton or malicious conduct on the part of such employee,
official or member, police officer or fire fighter.
Legal counsel will be provided at the expense of the Town of
West Greenwich and/or the reimbursement for attorneys' fees and other
expenses incurred in connection with the conduct of such defense,
including payment of the judgment thereon.
The Town Council may at its discretion utilize funds appropriated
from time to time by the Financial Town Meeting to defer the costs
incurred by the Town of West Greenwich in carrying out the purposes
of this chapter. Any amounts contained in such fund at the end of
any fiscal year will be carried forward to subsequent fiscal years
without any reappropriation except as otherwise may be specifically
provided by this section.
This chapter shall take effect upon its passage and shall be
retroactive to any claim made on and after February 1, 1986, notwithstanding
the fact that such claim is based upon an alleged misstatement, error,
act, omission or neglect occurring prior to such date.
