HomeMy Public PortalAboutR1528 R E S O L U T I O N NO. 1528
WHEREAS, it is a commonly accepted practice for private
and public entities to provide indemnification for members of their
governing bodies, members of special commissions, officers and
other full-time employees against liabilities incurred by them in
the bona fide discharge of their duties, and
WHEREAS, the District proposes to indemnify the members
of the Board of Trustees, officers of the Board of Trustees,
members of the Civil Service Commission; department heads,
managers, supervisors, attorneys, engineers, accountants and other
full-time employees of The Metropolitan St. Louis Sewer District,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES
OF THE METROPOLITAN ST. LOUIS SEWER DISTRICT that the following
policy is hereby adopted:
That The Metropolitan St. Louis Sewer District shall
indemnify any member of the Board of Trustees, officers of the
Board of Trustees, members of the Civil Service Commission;
department heads, managers, supervisors, attorneys, engineers,
accountants and other full-time employees of The Metropolitan St.
Louis Sewer District, who was or is a party, or is threatened to be
made a party to any threatened pending or completed action, suit or
proceeding, whether civil, criminal, administrative or
investigative (other than an action by or in the right of the
District) by reason of the fact that said person is or was a member
of the Board of Trustees, or member of the Civil Service
Commission; or a department head, manager, supervisor, attorney,
engineer, accountant or other full-time employee of the District
against expenses (including attorney's fees), judgments, fines and
amounts paid in settlement actually and reasonably incurred by said
person, in connection with such action, suit or proceeding if said
person acted in good faith and in a manner reasonably believed to
be in, or not opposed to, the best interests of the District, and
with respect to any criminal action or proceeding had no reasonable
cause to believe the conduct was unlawful. The termination of any
action, suit or proceeding by judgment, order, settlement,
conviction or upon a plea of nolo contendere or its equivalent
shall not of itself create a presumption that the person did not
act in good faith and in a manner reasonably believed to be in, or
not opposed to, the best interests of the District, and with
respect to any criminal action or proceeding, had reasonable cause
to believe the conduct was unlawful.
BE IT FURTHER RESOLVED that the District may elect to
purchase insurance coverage from time to time to provide said
indemnification in whole or in part, but the indemnification
provided in this Resolution shall not be dependent upon whether or
not the District elects to purchase said insurance.
3
The foregoing Resolution was adopted May 10, 1978.