[HISTORY: Adopted by the Town Board of the Town of Coxsackie 5-31-1988 by L.L. No.
1-1988. Amendments noted where applicable.]
GENERAL REFERENCES
Ethics, Code of — See Ch. 30.
A.
By its adoption of § 18 of the Public Officers Law, the
New York State Legislature has recognized the need to provide defense
and indemnification to individual municipal employees and officers
who are made parties to civil suits for actions taken in the course
of their employment.
B.
The Town Board of the Town of Coxsackie finds that the tactic of
naming individual Town officers and employees as parties in suits
brought against the Town and its various boards and departments inhibits
the performance and effectiveness of those individuals to act freely
without fear of personal liability for actions taken in discharging
their duties as Town employees.
C.
To alleviate such concern on the part of those serving the Town,
the Town Board wishes to provide, at the Town's expense, for
the defense of individuals named in suits brought against the Town
and to save harmless and indemnify any such individuals in the event
that a judgment is obtained and to confer all benefits of § 18
of the New York Public Officers Law upon all Town employees and officers
and to be held liable for the costs incurred under the provisions
of that law.
As used in this chapter, the following term shall have the meaning
indicated:
Any person holding a Town position by election, appointment
or employment in the service of the Town, whether or not compensated,
or a volunteer expressly authorized to participate in a Town-sponsored
volunteer program, but shall not include independent contractors.
The term "employee" shall include a former employee, his or her estate
or judicially appointed representative.
A.
The Town of Coxsackie shall save harmless and indemnify all employees
of the Town in an amount of any judgment obtained against such employees
in a state or federal court, or in an amount of any settlement of
a claim, provided that the act or omission from which such judgment
or claim arose occurred while the employee was acting within the scope
of his or her public employment or duties; provided further that in
the case of a settlement, the duty to indemnify and save harmless
shall be conditioned upon the approval of the amount of settlement
by the Town Board.
B.
The Town shall also provide for the defense of any employee in any
action or civil proceeding, state or federal, arising out of any alleged
act or omission which occurred or allegedly occurred while the employee
was acting within the scope of his or her public employment or duties.
This duty to provide for a defense shall not arise where such civil
action or proceeding is brought by or at the behest of the Town of
Coxsackie.
C.
The duty to indemnify and save harmless or defend any Town employee as created by Subsections A and B above are conditioned upon:
(1)
Delivery by the employee to the Town Attorney of a written request
to provide a defense, together with the original or a copy of the
summons, complaint, petition, process, notice, demand or pleading
within seven days after the employee is served with such document;
and
(2)
The full cooperation of the employee in the defense of such action
and the prosecution of any appeal.
D.
The duty to indemnify and save harmless prescribed by this chapter shall not arise where the injury or damage resulted from intentional wrongdoing or recklessness on the part of the employee. In the event that a court of law makes a determination that such injury or damage resulted from an intentional wrongdoing or recklessness on the part of an employee in a case where the Town provided a defense pursuant to Subsection B above, such employee shall be responsible for the reimbursement to the Town of all legal fees, costs and disbursements expended by the Town in the defense of that action or proceeding.
E.
The duty to save harmless and indemnify prescribed by this chapter
shall not arise with respect to punitive or exemplary damages, fines
or penalties or money received from an employee pursuant to § 51
of the General Municipal Law; provided, however, that the Town shall
indemnify and save harmless its employees in the amount of any costs,
attorney's fees, damages, fines or penalties which may be imposed
by reason of an adjudication that an employee acting within the scope
of his/her public employment or duties has, without willfulness or
intent on his/her part, violated a prior court order, judgment, consent
decree or stipulation of settlement entered in any court of this state
or of the United States.
The Town Board is hereby authorized and empowered to purchase
insurance from an insurance company created by or under the laws of
this state or authorized to transact business in this state against
any liability imposed by the provisions of this chapter, or to act
as self-insurer with respect thereto.
In the event that the Town Attorney or a court determines there
to be a conflict of interest and the individual thus needs to be represented
by separate counsel, the provisions of New York Public Officers Law,
§ 18, Subdivision 3(b), shall apply.
A.
This chapter shall take effect immediately upon filing with the New
York Secretary of State as provided for by law.
B.
The duty to defend, save harmless and indemnify Town employees, as
set forth herein, shall be in full force and effect regardless of
the date upon which the claim or cause of action arose or accrued
and whether before or after the effective date of this chapter.
