In 1981 the City Council of the City of Rye
recognized the increasing litigation exposure faced by public employees
and officers and conferred the defense and indemnification benefits
contained in § 18 of the Public Officers Law on Rye public
officials and employees on August 19 of that year by a unanimously
adopted resolution. The City Council wishes to reaffirm and codify
that action and to provide additional indemnification and defense
protection pursuant to law.
The full benefits of § 18 of the Public Officers Law shall apply to public officials and employees of the City of Rye, and the City of Rye shall be held liable for the costs incurred under the provisions of that section, as well as the costs incurred under §
145-3 of this chapter.
The City will provide for the defense of any City
officer or employee in any civil action or proceeding arising out
of any alleged act or omission in which it is alleged that the officer
or employee has violated the civil rights of the claimant, petitioner
or plaintiff under Section 1981 and 1983 of the United States Civil
Rights Act. The City shall indemnify and save harmless such officer
or employee in the amount of any judgment or settlement of claim obtained
against such officer or employee, including punitive and exemplary
damages. Such legal defense and indemnification shall be provided
where the officer or employee at the time of such alleged act or omission
was acting in good faith and within the scope of his public employment,
powers and duties. The provisions of this section shall be in addition
to any other statute, local law or enactment providing legal defense
and indemnification in civil actions brought against such officer
or employee.