The purpose of this chapter is to confer the benefits of § 18 of Article 2 of the Public Officers Law of New York State upon covered persons, as defined in §
16-2 of Chapter
16 of the Code of the Village of Rockville Centre. The intent of this legislation is to defend and indemnify covered persons, who have been named in administrative or judicial proceedings. The further intent is to provide supplemental defense and indemnification for punitive and exemplary damages. as well as compensatory damages. The duty shall not arise where the injury or damage resulted from the intentional wrongdoing or maliciousness on the part of a covered person.
As used in this chapter, the following terms shall have the meanings
indicated:
CIVIL ACTION
An action brought to enforce, redress or protect private rights,
including suits at equity and at law.
COVERED PERSON
Any person holding a position by election, appointment or employment
in the service of the Incorporated Village of Rockville Centre, whether or
not compensated, but shall not include any independent contractor. The term
"covered person" shall include a former employee, his estate or judicially
appointed personal representative. The benefits of this chapter shall inure
only to "covered persons" as defined herein and shall not enlarge or diminish
the rights of any other party.
DEPARTMENT HEAD
The head of a department of the Incorporated Village of Rockville
Centre.
JUDICIAL PROCEEDING
Any proceeding in which judicial action is invoked and taken in a
legally constituted court.
TRUSTEE-LIAISON
A member of the Village Board of Trustees appointed by the Mayor
to act as liaison to a particular village department.
VILLAGE
The Incorporated Village of Rockville Centre.
VILLAGE ATTORNEY
The Village Attorney for the Incorporated Village of Rockville Centre.
VILLAGE COMPTROLLER
A person or persons performing the functions of comptroller or auditor
for the Incorporated Village of Rockville Centre.
Subject to the conditions set forth in §
16-3 of this chapter, the covered person shall be entitled to representation by private counsel of his or her choice in any civil action or administrative or judicial proceeding whenever the Village Attorney determines, based upon his or her investigation and review of the facts and circumstances of the case, that representation by the Village Attorney would be inappropriate or whenever a court of competent jurisdiction, upon appropriate motion or by a special proceeding, determines that a conflict of interest exists and that the covered person is entitled to be represented by private counsel of his or her choice. The Village Attorney shall notify the covered person in writing of such determination that the covered person is entitled to be represented by private counsel.
The Village Attorney may require, as a condition to payment of the fees and expenses of such representation by private counsel, that appropriate groups of such covered persons be represented by the same counsel. If the covered person or group of covered persons is entitled to representation by private counsel under the provisions of §
16-4 of this chapter, the Village Attorney shall so certify to the Village Comptroller. Reasonable attorneys' fees and litigation expenses shall be paid by the Village to such private counsel from time to time during the pendency of the civil action or proceeding, subject to certification that the covered person is entitled to representation under the terms and conditions of §
16-4 of this chapter by the head of the department or office in which such covered person is employed and upon the audit and warrant of the Village Comptroller. Any dispute with respect to representation of multiple covered persons by a single counsel or the amount of litigation expenses or the reasonableness of attorneys' fees shall be resolved by the court upon motion or by way of a special proceeding.
Where the covered person delivers process and a request for a defense to the Village Attorney, as required by §
16-3 of this chapter, the Village Attorney shall take the necessary steps, including the retention of private counsel, under the terms and conditions therein provided, on behalf of the covered person to avoid entry of a default judgment pending resolution of any question pertaining to the obligation to provide for a defense.
Nothing in this chapter shall authorize the Village to indemnify or
save harmless a covered person with respect to money recovered from a covered
person pursuant to Article 7-A of the State Finance Law.
The provisions of this chapter shall apply to all actions and proceedings
pending upon the effective date hereof or hereafter instituted.
The Board of Trustees of the Incorporated Village of Rockville Centre
hereby accepts the applicability of § 18 of the Public Officers
Law for the Incorporated Village of Rockville Centre and agrees that the Village
shall be liable for costs incurred under the provisions of § 18
of the Public Officers Law and confers upon the officers and employees of
the Village the benefits of § 18 of such law. Such benefits shall
supplement and be available in addition to defense and indemnification protection
conferred by the other provisions of this chapter.
Notwithstanding the provisions of any other law, code or charter, the
Village shall provide for the defense of any civil action, administrative
proceeding or judicial proceeding brought in any state or federal court against
a duly appointed police officer of the Rockville Centre Police Department
and shall indemnify and save harmless such police officer 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 of such police officer committed while in the
proper discharge of his or her duties and within the scope of his or her employment.
Such proper discharge and scope shall be determined by a majority vote of
a panel consisting of the Commissioner of Police, the Village Administrator
and the Trustee-liaison to the Police Department.