[HISTORY: Adopted by the Town Board of the Town of Livonia 8-15-1985
by L.L. No. 3-1985. Amendments noted where applicable.]
As used in this chapter, unless the context otherwise requires, the
following terms shall have the meanings indicted:
Any person holding a position by election, appointment or employment
in the service of the town, but shall not include a volunteer, any person
not compensated for his service or an independent contractor. The term "employee"
shall include a former employee, his estate or judicially appointed personal
representative.
The Town of Livonia.
A.
Upon compliance by the employee with the provisions of § 10-3 of this chapter, the town shall provide for the defense of the employee in any civil action or proceeding in any state or federal court arising out of any alleged act or omission which occurred or is alleged in the complaint to have occurred while the employee was acting or in good faith purporting to act within the scope of his public employment or duties. Such defense shall not be provided where such civil action or proceeding is brought by or on behalf of the town.
B.
Subject to the conditions set forth in this chapter,
the employee shall be represented by the Town Attorney or an attorney employed
or retained by the town for the defense of the employee. The Town Board shall
employ or retain an attorney for the defense of the employee whenever the
town does not have a Town Attorney, the Town Board determines based upon its
investigation and review of the facts and circumstances of the case that representation
by the Town Attorney would be inappropriate or a court of competent jurisdiction
determines that a conflict of interest exists and that the employee cannot
be represented by the Town Attorney. Reasonable attorney's fees and litigation
expenses shall be paid by the town to such attorney employed or retained,
from time to time, during the pendency of the civil action or proceeding subject
to certification by the supervisor that the employee is entitled to representation
under the terms and conditions of this chapter. Payment of such fees and expenses
shall be made in the same manner as payment of other claims and expenses of
the town. Any dispute with respect to representation of multiple employees
by the Town Attorney or by an attorney employed or retained for such purposes
or with respect to the amount of the fees or expenses shall be resolved by
the court.
C.
Where the employee delivers process and a request for a defense to the Town Attorney or the supervisor as required by § 10-3 of this chapter, the Town Attorney or the Supervisor, as the case may be, shall take the necessary steps, including the retention of an attorney under the terms and conditions provided in Subsection B of this section on behalf of the employee to avoid entry of a default judgment, pending resolution of any question relating to the obligation of the town to provide a defense.
The duties to defend provided in this chapter shall be contingent upon
delivery to the Town Attorney or, if none, to the Supervisor of the original
or a copy of any summons, complaint, process, notice, demand or pleading within
10 days after he is served with such document and the full cooperation of
the employee in the defense of such action or proceeding and defense of any
action or proceeding against the town based upon the same act or omission
and in the prosecution of any appeal. Such delivery shall be deemed a request
by the employee that the town provide for his defense pursuant to this chapter,
unless the employee shall state, in writing, that a defense is not requested.
The benefits of this chapter will inure only to employees as defined
herein and shall not enlarge or diminish the rights of any other party nor
shall any provision of this chapter by construed to affect, alter or repeal
any provisions of the Workers' Compensation Law.
