[HISTORY: Adopted by the Board of Town Commissioners of the Town of Bel Air 3-11-1980 by Ord. No. 310 as Ch. 2, Art. 3 of the 1980 Code. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
The Town of Bel Air shall provide and pay for a legal defense for any of its officials in any action which alleges damages resulting from tortious acts or omissions committed by an official within the scope of his or her office, duty or employment with the Town. The right to a legal defense given herein is contingent upon an official's full cooperation in such defense. If an official should fail to cooperate, he or she shall forfeit the right to a legal defense guaranteed hereunder.
The right to indemnify granted hereunder is contingent upon an official's full cooperation in the legal defense provided pursuant to § 28-2 hereof; if an official fails to cooperate fully in such defense he or she forfeits any right to indemnity granted hereunder.
Under no circumstances shall the Town of Bel Air indemnify any official for legal or other expenses or for any damages incurred as a result of acts which are determined in any court or other legal proceedings to constitute gross negligence or willful or wanton conduct taken in reckless disregard for the rights of others.
Under no circumstances shall the Town of Bel Air indemnify any official for punitive damages of any kind assessed or levied in any action for tort, contract or other liability brought against such employee.
In cases involving employees, retirees, former employees, former members of the Board of Town Commissioners and members of the Planning Commission, Appearance and Beautification Committee, Economic and Community Development Commission, Board of Appeals, Board of Building Appeals, Board of Ethics, Historic Preservation Commission, Tree Committee, Cultural Arts Commission and Board of Election Judges, the Board of Town Commissioners may consider paying for the legal defense or indemnification or both on a case-by-case basis.