[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:
Includes all elected officials of the Town, the Town Administrator,
the Director of Public Works, the Deputy Director of Public Works,
the Director of Planning, the Planners, the Director of Administration,
the Director of Finance, the Chief of Police and all police officers.[1]
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.
B.
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.
C.
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.
D.
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.
E.
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.[1]