[HISTORY: Adopted by the Town Board of the Town of Richmond 6-1-1993 by L.L. No. 2-1993; amended in its entirety 7-9-2002 by L.L. No. 3-2002. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Code of Ethics — See Ch. 26.
The purpose of this chapter is to provide legal and financial protection for various individuals serving the Town of Richmond, its districts, and other public entities from losses arising from actions which may be brought against them in their individual capacity as a result of their acting within the scope of their public employment or duties.
As used in this chapter, unless the context otherwise requires, the following terms shall have the meanings indicated:
EMPLOYEE
Any person holding a position by election, appointment, or employment in the service of the Town, but it shall not include an independent contractor. The term "employee" shall include a former employee, his estate, or judicially appointed personal representative.
TOWN
The Town of Richmond.
The Town Board of the Town of Richmond, on behalf of the Town of Richmond, New York, the various improvement and special districts therein and all commissions, agencies and corporations which the Town Board appoints of the Town funds, does hereby determine:
A. 
To confer the benefits of § 18 of the Public Officers Law of the State of New York upon the employees of the Town and of those districts, commissions, agencies, corporations, and entities as such employees are defined in said § 18 of the Public Officers Law.
B. 
That the Town and/or the districts shall be held liable for the reasonable attorney fees and litigation expenses which 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 Town 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 the amount of the fees or expenses shall be resolved by the court.
C. 
That the benefits provided under this chapter shall include the defense of any civil action or proceeding arising out of any alleged violations of civil rights under Sections 1981 and 1983 of the United States Civil Rights Act, and the indemnification in the amount of any judgment or settlement of claim obtained or made in connection therewith, provided that the act or omission occurred while the employee or officer was acting in good faith and within the scope of his public employment, powers, or duties.
D. 
Subject to the conditions as 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:
(1) 
The Town does not have a Town Attorney;
(2) 
The Town Board determines, based upon its investigation and review of facts and circumstances of the case, that representation by the Town Attorney would be inappropriate; or
(3) 
A court of competent jurisdiction determines that a conflict of interest exists and that the employee cannot be represented by the Town Attorney.
E. 
Where the employee delivers process and request for a defense to the Town Attorney or the Town Supervisor as required by § 19-4 of this chapter, the Town Attorney or the Supervisor, as the case may be, shall take the necessary steps, including the retention of any attorney under the terms and conditions provided in Subsection D of this section, on behalf of the employee to avoid entry of a default judgment pending resolution of any question relating to the obligations 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 Town Supervisor, of the original or a copy of any summons, complaint, process, notice, demand or pleading within 10 days after he/she is served with such document and the full cooperation of the employee in the defense of such action or proceeding and the 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/her defense pursuant to this chapter, unless the employee shall state in writing that a defense is not required.
The benefits under § 18 of the Public Officers Law shall supplement and be available in addition to defense and indemnification protections conferred by any other provision or enactment.
The benefits of this chapter will insure only the employees as defined herein and shall not enlarge or diminish the rights of any other party, nor shall any provision of this chapter be construed to affect, alter, or repeal any provisions of the Worker's Compensation Law.
The benefits of this chapter shall be extended to an employee of a negotiating unit for which an agreement has been negotiated pursuant to Civil Service Law Article 14, only if such agreement expressly so provides.
The Town of Richmond shall indemnify and save harmless its officers and employees, as defined in § 18 of the Public Officers Law, in the amount of any costs, attorney's fees, damages, fines or penalties which may be imposed by reason of adjudication that they, while acting within the scope of public employment or duties, have, without willfulness or intent, committed an act or omission violating claimant's civil rights or violated a prior order, judgment, consent decree, or stipulation of settlement entered in any court of this state or of the Unites States.
The provisions of this chapter shall not be construed to impair, alter, limit, or modify the rights and obligations of any insurer under any policy of insurance.
Unless otherwise specifically provided in this chapter, the provisions of this chapter shall not be construed in any way to impair, alter, limit, modify, abrogate, or restrict any immunity available to or conferred upon any unit, entity, officer, or employee of the Town of any right to defense provided for any governmental officer or employee by, in accordance with, or by reason of any other provisions of state or federal statutory or common law.
The provisions of this chapter shall apply to all actions and proceedings specified herein which have been commenced, instituted or brought on or after the effective date of this chapter.