[HISTORY: Adopted by the Board of Trustees of the Village of Naples 11-17-1999 by L.L. No. 2-1999. Amendments noted where applicable.]
The purpose of this chapter is to confer the benefits of § 18 of the Public Officers Law of the State of New York upon the public officers and employees of the Village of Naples, Ontario County, New York, and to further provide for the reimbursement of defense costs and litigation expenses for said public officers and employees in criminal cases.
This chapter is enacted pursuant to the provisions of § 18 of the Public Officers Law of the State of New York and § 10 of the Municipal Home Rule Law of the State of New York.
The Village of Naples confers upon its public officers and employees the benefits of § 18 of the Public Officers Law of the State of New York. The Village of Naples accepts liability for those costs and expenses which are included within the scope of § 18 of the Public Officers Law and incurred by its public officers and employees arising out of any alleged act or omission which occurred or allegedly occurred while the public officer or employee was acting within the scope of his or her duties, conditioned upon said public officer or employee complying with the provisions of § 18 of the Public Officers Law.
The Village of Naples shall reimburse the defense costs, including reasonable attorney fees and litigation expenses, of an officer or employee in a criminal action, state or federal, resulting in acquittal or the dismissal of charges; provided, however, that the act resulting in charges must occur or allegedly occur while the officer or employee is acting within the scope of his public employment or duties.
The duty of the Village to make such reimbursement shall be conditioned upon the following:
The delivery by the officer or employee to the office of the Village Clerk of a written request for reimbursement together with a copy of the indictment, information, or other accusatory instrument within 10 days after he is served with such document; and
The full cooperation of the officer or employee in the defense of such action and in the prosecution of any appeal.
Nothing in this chapter shall be construed as prohibiting an officer or employee from retaining private counsel, with the consent of the Village Board.
The consent of the Village Board shall not be unreasonably withheld. In determining whether to consent to the retention of private counsel, the Village Board shall consult with the Village Attorney. In addition, the Board shall consider possible conflicts of interest, the experience and expertise of private counsel, and the fee to be charged by counsel for which reimbursement will be sought, together with any other factor which the Village Board expressly finds to be relevant.
In the event that private counsel is retained, all of the provisions of § 18 of the Public Officers Law of the State of New York shall apply.