§ 23-15.3. Indemnification.  


Latest version.
  • A. 
    The Town shall indemnify and save harmless its employees in the amount of any judgment obtained against such employees in any state or federal court or in the amount of any settlement of a claim for lawful damages, provided that the act or omission to act from which such judgment or settlement arose occurred while the employee was acting within the scope of his public employment or duties; the duty to indemnify and save harmless prescribed by this section shall not arise where the injury or damage resulted from intentional wrongdoing or recklessness on the part of the employee.
    B. 
    An employee represented by private counsel shall cause to be submitted to the head of the department, board, commission or agency in which he is employed any proposed settlement which may be subject to indemnification by the Town, and if not inconsistent with the provisions of this Article, such head of the department, board, commission or agency in which he is employed shall certify such settlement and submit such settlement and certification to the Town Attorney. The Town Attorney shall review such proposed settlement as to form and amount and shall give his approval if, in his judgment, the settlement is in the best interest of the Town. Nothing in this section shall be construed to authorize the Town to indemnify or save harmless an employee with respect to a settlement not so reviewed and approved by the Town Attorney.
    C. 
    Upon entry of a final judgment against the employee or upon the settlement of the claim, the employee shall cause to be served a copy of such judgment or settlement, personally or by certified or registered mail, within 30 days of the date of entry or settlement, upon the head of the department, board, commission or agency in which he is employed, and if not inconsistent with the provisions of this Article, such judgment or settlement shall be certified for payment by such head of the department, board, commission or agency. If the Town Attorney concurs in such certification, the judgment or settlement shall be paid upon the audit and warrant of the Comptroller.