HomeMy Public PortalAboutR2585RESOLUTION NO. 2585 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; members of the Rate 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; members of the Rate 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; members of the Rate 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.
The foregoing Resolution was adopted June 9, 2005.