[Code of Federal Regulations]
[Title 36, Volume 3]
[Revised as of July 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 36CFR1009.5]

[Page 253]
 
              TITLE 36--PARKS, FORESTS, AND PUBLIC PROPERTY
 
                        CHAPTER X--PRESIDIO TRUST
 
PART 1009--ADMINISTRATIVE CLAIMS UNDER THE FEDERAL TORT CLAIMS ACT--Table of Contents
 
Sec. 1009.5  Indemnification of Presidio Trust directors and employees.

    (a) The Presidio Trust may indemnify a Presidio Trust director or 
employee who is personally named as a defendant in any civil suit in 
state or federal court or an arbitration proceeding or other proceeding 
seeking damages against a Presidio Trust director or employee 
personally, for any verdict, judgment, or other monetary award which is 
rendered against such director or employee, provided that the conduct 
giving rise to the verdict, judgment, or award was taken within the 
scope of his or her duties or employment and that such indemnification 
is in the interest of the Presidio Trust as determined by
    (1) the Board, with respect to claims against an employee; or
    (2) a majority of the Board, exclusive of the director against whom 
claims have been made, with respect to claims against a director.
    (b) The Presidio Trust may settle or compromise a personal damage 
claim against a Presidio Trust director or employee by the payment of 
available funds, at any time, provided the alleged conduct giving rise 
to the personal damage claim was taken within the scope of the duties or 
employment of the director or employee and that such settlement or 
compromise is in the interest of the Presidio Trust as determined by:
    (1) the Board, with respect to claims against an employee; or
    (2) a majority of the Board, exclusive of the director against whom 
claims have been made, with respect to claims against a director.
    (c) The Presidio Trust will not entertain a request either to agree 
to indemnify or to settle a personal damage claim before entry of an 
adverse verdict, judgment, or award, unless exceptional circumstances 
exist as determined by:
    (1) the Board, with respect to claims against an employee; or
    (2) a majority of the Board, exclusive of the director against whom 
claims have been made, with respect to claims against a director.
    (d) A Presidio Trust director or employee may request 
indemnification to satisfy a verdict, judgment, or award entered against 
the director or employee. The director or employee shall submit a 
written request, with appropriate documentation including copies of the 
verdict, judgment, award, or settlement proposal, in a timely manner to 
the General Counsel, who shall make a recommended disposition of the 
request. Where appropriate, the Presidio Trust shall seek the views of 
the Department of Justice. The General Counsel shall forward the 
request, the accompanying documentation, and the General Counsel's 
recommendation to the Board for decision. In the event that a claim is 
made against the General Counsel, the Chair shall designate a director 
or employee of the Trust to fulfill the duties otherwise assigned to the 
General Counsel under this section.
    (e) Any payment under this section either to indemnify a Presidio 
Trust director or employee or to settle a personal damage claim shall be 
contingent upon the availability of funds.