[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.
A.
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.
B.
The duty of the Village to make such reimbursement
shall be conditioned upon the following:
(1)
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
(2)
The full cooperation of the officer or employee in
the defense of such action and in the prosecution of any appeal.
A.
Nothing in this chapter shall be construed as prohibiting
an officer or employee from retaining private counsel, with the consent
of the Village Board.
B.
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.
C.
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.
