[HISTORY: Adopted by the Town Council of the Town of Smithfield 10-21-1986
(Ch. 2, Art. II, of the 1985 Code of Ordinances). Amendments noted where applicable.]
The Town of Smithfield shall indemnify any and all public employees
and officials as defined herein from all reasonable 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 intentional tort
or 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
or official, if such employee or official, at the time of such intentional
tort or act, omission or neglect, was acting within the scope of his or her
official duties or employment. The Town Council may decline to indemnify any
such employee or official for any misstatement, error, act, omission or neglect
if the same resulted from willful, wanton or malicious conduct on the part
of such employee or official.
This chapter shall apply to any and all public employees, officials,
members of boards, agencies and commissions who are appointed by the Town
Council and shall apply also to Town Council members and elected officials
of the Town including members of the Smithfield School Committee. Indemnification
shall be provided hereunder whether or not such employees, officials or members
are paid.
It shall be the duty of any person seeking indemnification hereunder
to promptly report to the Town Council any claim which has been filed against
him or her. The Town Council shall then determine if the claim is covered
by the provisions of this chapter. If it so finds, the Town Council shall
then render the defense of the claim to the Town Solicitor at no cost to the
employee or official. The Town Council, in its sole discretion, may decide
in a particular case to engage the services of outside counsel at no cost
to the employee or official.
The Town Council may establish a fund into which it may deposit monies
appropriate from time to time to carry out the purposes of this chapter. The
amount in any such fund at the end of any fiscal year may be carried forward
to subsequent fiscal years without any reappropriation unless the Town Council
in a particular fiscal year affirmatively votes to do otherwise.
This article shall take effect upon passage and shall be retroactive
to any claim made on or 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.
