§ 2-64. Indemnification of certain officers.

(a)

The city shall indemnify and save harmless members of the city council, members of elected or appointed boards and commissions, the mayor, all department heads including but not limited to superintendents, directors, auditor, treasurer/collector, city solicitor, managers, and their respective assistants, and the superintendent of schools, from personal financial loss and expenses, including legal fees and costs, if any, in an amount not to exceed $1,000,000.00 arising out of any claim, action, award, compromise, settlement or judgement by reason of an intentional tort or by reason of any act or omission which constitutes a violation of the civil rights of any person under federal or state law; if such aforementioned official or employee at the time of such intentional tort or act or omission was acting within the scope of his official duties or employment; provided, however, that such aforementioned official or employee shall provide reasonable cooperation to the city in the negotiation, investigation and defense of any claim or action brought as a result of such intentional tort or act or omission. No such aforementioned official or employee shall be indemnified under this section for violation of any civil rights if he acted intentionally or in a grossly negligent, willful or malicious manner.

(b)

The defense and/or settlement of any such claim shall be undertaken or negotiated by the city solicitor, his agent or designee. However, if the city solicitor determines that a conflict of interest has arisen or is likely to arise by his mutual defense of the city and the officer(s) or employees in question, the officer(s) or employees in question shall not be defended by the city solicitor, his agent or designee, but shall seek outside counsel for such defense. The expense incurred by the official or the employee for outside counsel shall be borne by the city unless the mayor and/or the city council shall deem such legal fees to be unreasonable, in which event such legal fees shall be subject to the fee arbitration procedure of the Massachusetts Bar Association.

(c)

Nothing in this section shall be deemed to limit the effect of any indemnification statute applicable to the city at the time of any such intentional tort or act or omission. This section shall apply to any settlement or judgement made in compliance with this section on or after the date this section is approved.

(Ord. No. 943, § 2-27, 3-19-87)

State law reference

Indemnification of public employees, M.G.L.A. c. 41, § 100.