Chapter 1.16
IMMUNIZATION DEFENSE AND INDEMNIFICATION OF PUBLIC OFFICERS AND THEIR EMPLOYEES
Sections:
1.16.020 Immunization, defense and indemnification.
1.16.010 Purpose.
It is the purpose of this chapter to provide for immunization, defense, and indemnification of public officers and public employees of the town of West Yellowstone sued for alleged violations of Constitutional Initiative 75 for actions taken within the course and scope of their employment. (Ord. 200 (part), 1998)
1.16.020 Immunization, defense and indemnification.
In any civil action brought against any public official or public employee of the town of West Yellowstone alleging a violation of Constitution Initiative 75, the town of West Yellowstone shall then defend the action on behalf of the public official or public employee and indemnify the public official or public employee for any liability resulting from the alleged violation of Constitutional Initiative 75, except as provided in Section 1.16.030. (Ord. 200 (part), 1998)
1.16.030 Exceptions.
A. In a civil action alleging a violation of Constitutional Initiative 75, in which a public official or public employee of the town of West Yellowstone is a party defendant, the public official or public employee may not be defended or indemnified by the town of West Yellowstone for any money judgements or legal expenses, including attorney’s fees, to which the public official or public employee may be subject as a result of a suit, if the judicial determination is made that:
1. The conduct upon which the claim is based constitutes oppression, fraud or malice, or for any other reason that does not arise out of the course and scope of the public official or public employee’s employment;
2. The public official or public employee compromised or settled the claim without the consent of the town of West Yellowstone; or
3. The public official or public employee failed or refused to cooperate reasonably in the defense of the case.
B. If no judicial determination has been made applying the exclusions provided, the town of West Yellowstone may determine whether those exclusions apply. However, if there is a dispute as to whether the exclusions apply, and the town of West Yellowstone concludes it should clarify its obligation to the public official or public employee arising under this section by commencing a declaratory or other legal action, the town is obligated to provide a defense or assume the costs of the defense of the public official or public employee until a final judgment is rendered in such action holding that the town of West Yellowstone has no obligation to defend the public official or public employee. The town has no obligation to provide a defense to the public official or public employee in a declaratory judgment action or other legal action brought against the public official or public employee by the town of West Yellowstone under this section. (Ord. 200 (part), 1998)
1.16.040 Notice.
Upon receipt of service of summons and complaint alleging a violation of Constitutional Initiative 75, the public official or public employee shall give written notice to the town manager requesting that a defense to this action be provided by the town of West Yellowstone. (Ord. 200 (part), 1998)