[HISTORY: Adopted by the Town Board of the Town of Clarkstown as indicated in article histories. Amendments noted where applicable.]
Article I Police Assistance
Article II Legal Defense
[Adopted 1-13-1981 by L.L. No. 1-1981 (Ch. 16A of the 1974 Code); amended in its entirety 6-16-2009 by L.L. No. 4-2009]
The Chief of Police of the Town of Clarkstown, whenever he deems that the public interest requires it, may request the Chief of Police of any other state or local government to detail, assign, make available for duty and use in the Town of Clarkstown any part of the forces, equipment and supplies of the Police Department, police force or parkway police force of the state or local government of which the request is made.
The Chief of Police of the Town of Clarkstown Police Department is hereby authorized to provide the assistance of the regularly employed law enforcement officers, equipment and/or supplies of the Town of Clarkstown to any state or local government requesting such assistance to aid in coping with situations where there exists in such other municipality a need for the services of additional law enforcement officers, their equipment and/or supplies to protect the health, life and property of such other municipality, its inhabitants and the visitors thereto.
The assistance offered shall be in accordance with the provisions of § 209-m of the General Municipal Law of the State of New York.
[Adopted 6-11-1996 by L.L. No. 9-1996; amended in its entirety 6-16-2009 by L.L. No. 4-2009]
The Town Board has an increased awareness of the numerous civil actions for negligence which members of the Police Department are currently subject to in connection with the performance of their routine duties and responsibilities.
Accordingly, it is the purpose and intent of this legislation to ensure that all members of the Police Department are provided with appropriate counsel and proper representation in the defense of civil actions arising out of the performance of effecting routine duties and responsibilities of employment.
For the purposes of this article, the following terms shall have the meanings indicated:
- Any active sworn officer of the authorized police force of the Town of Clarkstown.
Nothing contained in this article shall be deemed to supersede the provisions of § 50-j of Article 4 of the General Municipal Law, but rather this article is deemed supplementary thereto.
All other legal requirements pertaining to the defense and indemnification of members of the Town's police force shall not be deemed to have been superseded by this article.
Upon compliance by the member with the provisions of §§ 45-8 and 45-9 of this article, the Town of Clarkstown shall provide the defense of any civil action or proceeding brought against a duly appointed member of the Clarkstown Police Department and shall indemnify and save harmless such member from any judgment of a court of competent jurisdiction whenever such action, proceeding or judgment is for damages, including punitive or exemplary damages, arising out of a negligent act or other tort such member committed while acting in the proper discharge of his or her duties and within the scope of his or her employment.
Such proper discharge of duties and scope shall be determined by a majority vote of the Town Board of the Town of Clarkstown.
Subject to the conditions set forth in this article, the member shall be represented by the Town Attorney or an attorney employed or retained by the Town for the defense of the member. The Town Attorney shall employ or retain any private attorney for the defense of the member whenever the Town Attorney determines, based upon an investigation and review of the facts and circumstances of each individual case, that representation by the Town Attorney would be inappropriate.
If a member is entitled to representation by private counsel, pursuant to § 45-8 of this article, the Town Attorney shall notify the member of such determination.
The member shall be entitled to select an attorney of choice as private counsel, provided that:
The Town Attorney, upon review of the credentials of said attorney, approves said attorney as qualified to litigate such matters;
The Town Attorney approves in advance the fee to be paid for such representation; and, provided further,
That no attorney with interests adverse to or in conflict with the Town be selected or permitted to represent members covered by this article. It shall be the responsibility of the Town Attorney to determine when an adverse interest exists which would cause the disqualification of any attorney. Reasonable attorney's fees as determined by the Town Attorney 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. Payment of such fees and expenses shall be made in the same manner as other claims and expenses of the Town.
Where the member delivers process and a request for defense to the Town Attorney as required by § 45-10 of this article, the Town Attorney shall take all necessary steps on behalf of the member to avoid entry of a default judgment, pending resolution of any question relating to the obligation of the Town to provide a defense.
The member shall immediately deliver, within 10 days of the time he or she is served with any summons, complaint, process, notice, demand or pleading, the original, or copy thereof, to the Town Attorney and request the Town to assume control of his or her representation. Upon such receipt and request, the Town Attorney may assume control of the representation of the member, in which event the member shall cooperate fully with the Town counsel.
In the event that it is determined, pursuant to § 45-8 of this article, that the member is entitled to private defense, the Town Attorney shall take such action to ensure that private counsel is timely retained and may, in the interim, in the interest of the member, assume the defense until such private counsel is retained.