Chapter 17

DEFENSE AND INDEMNIFICATION

[HISTORY: Adopted by the Mayor and Council of the Town of Elsmere 12-11-1986 as Ord. No. 207. Amendments noted where applicable.]

~ 17-1. Right of representation.

  Any law enforcement officer of the Town of Elsmere who may become a defendant in a civil or criminal action against him arising out of his employment with the town shall be entitled to an attorney to represent his interest, said representation to be paid for by the Town of Elsmere. This section shall apply to all actions filed in the state or federal courts within the State of Delaware.

~ 17-2. Indemnification against judgments, fines and costs.

  In addition to the right of representation provided for in ~ 17-1 of this chapter, any law enforcement officer of the Town of Elsmere who, but for the application of any provision of the Constitution or Laws of the United States or the State of Delaware to the contrary, would be entitled to immunity in accordance with Section 4011 of Title 10 of the Delaware Code, shall be indemnified by the Town of Elsmere against any expenses (including attorney's fees and disbursements), judgments, fines and costs actually and reasonably incurred by such public officer or employee defending against the action, suit or proceeding giving rise thereto.

~ 17-3. Limit of liability of town.

  The limits of the town's liability under ~~ 17-1 and 17-2 of this chapter in respect of any one (1) incident, regardless of the number of law enforcement officers involved, shall be three hundred thousand dollars ($300,000.) as well as all defense expenses.

~ 17-4. Exclusions.

  Sections 17-1 and 17-2 of this chapter notwithstanding, the town shall not be responsible for defense or indemnification of any law enforcement officer for claims arising out of actions not within the scope of the law enforcement officer's employment or out of actions performed with wanton negligence of willful and malicious intent. This exclusion shall only apply where a judgment or final adjudication establishes that the actions of the law enforcement officer were not within the scope of his employment or were performed with wanton negligence or willful and malicious intent.

~ 17-5. Definitions.

  As used in this chapter, the following terms shall have the meanings indicated:

          LAW ENFORCEMENT OFFICER -- Members of the police force of the Town of Elsmere as well as those employees of the Town as are regularly employed in law enforcement duties or control but only in the furtherance of the official pursuits of the Public Safety Department of the town.