[Adopted 8-13-1991 by Ch. No. 983 as § 2-71 of
the 1991 Code]
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Pursuant to RIGL 45-15-16, the Town Council
shall indemnify any public official or employee, whether elected or
appointed, member of a board, agency, commission, or committee, including
the School Committee or any other person employed by the School Department,
whether elected or appointed by the Town Council or by any other person
exercising appointing authority delegated to him by the Town Council;
whether or not such employee, official or member is paid, from all
loss, cost, damage and expense, including legal fees and court costs,
if any, arising out of any claim, action, compromise, settlement or
judgment by reason of any intentional tort or by reason of an alleged
error or misstatement or act or omission, 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, if such official or member, at the time of such
intentional tort or act, omission or neglect, was acting within the
scope of his official duties or employment. The Town Council shall
not indemnify any such employee, official or member 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.
Legal counsel will be provided at the expense
of the Town or the Council may decide on a case-by-case basis to reimburse
the public official or employee for reasonable attorney's fees and
other expenses incurred in connection with the conduct of such defense,
including payment of the judgment thereon. Nothing in this section
shall be construed as requiring the Town Solicitor to represent the
public official or employee when he deems such representation to create
a conflict, ethical or legal.
The Town Council may at its discretion utilize
funds appropriated from time to time by the Town to defray the costs
incurred by the Town in carrying out the purposes of this article.
Any amounts contained in such fund at the end of any fiscal year may
be carried forward to subsequent fiscal years without any reappropriation.
This article 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.
