[HISTORY: Adopted by the Town Board of the Town of Cortlandville 3-19-1986
by L.L. No. 2-1986. Amendments noted where applicable.]
GENERAL REFERENCES
Ethics, Code of — See Ch. 19.
As used in this chapter, the following terms shall have the meanings
indicated:
Any person holding a position by election, appointment or employment
in the service of the town, whether or not compensated, or a volunteer expressly
authorized to participate in a town-sponsored volunteer program, but shall
not include an independent contractor; and the term "employee" shall include
a former employee, his estate or a judicially appointed personal representative.
A.
The Town of Cortlandville hereby confers the benefits
of the provisions of § 18 of the Public Officers Law upon all town
officers and employees (heretofore also provided by Resolution No. 187 in
1981).
B.
The town shall also provide for the defense of any town
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 §§ 1981
and 1983 of the United States Civil Rights Act, and the town 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. 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 or 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.
A.
To the extent permitted by law, the town shall provide
for the defense of any town officer or employee who is charged in a criminal
action or proceeding with a crime or other offense, provided that the officer
or employee at the time of the alleged crime or offense was acting in good
faith and within the scope of his public employment, powers or duties.
B.
Attorneys fees.
(1)
Upon compliance by an employee with the provisions of Subsection C of this section, and subject to the conditions set forth in Subsection B(2) of this section, it shall be the obligation of the town to pay reasonable attorneys fees and litigation expense incurred by or on behalf of an employee in his defense of a criminal action or proceeding in a state or federal court arising out of any act which occurred while such employee was acting in good faith and within the scope of his public employment or duties upon his acquittal or upon dismissal of the criminal charges against him, or reasonable attorneys fees incurred in connection with an appearance before a grand jury which returns no true bill against the employee where such appearance was required as a result of any action which occurred while such employee was acting in good faith and within the scope of his public employment or duties unless such appearance occurs in the normal course of the public employment or duties of such employee.
(2)
Upon receipt of an application for reimbursement for
reasonable attorneys fees or litigation expenses, or both, made by or on behalf
of an employee as provided in subdivision three of this section, the Town
Board shall determine, based upon its investigation and review of the facts
and circumstances and in consultation with its legal adviser and other agencies
as may be appropriate, whether such reimbursement shall be paid. The Town
Board shall notify the employee, in writing, of its determination, and, upon
determining that such reimbursement should be provided, reimbursement shall
be made for such fees or expenses, or both, upon audit and approval of the
Town Board. Any dispute with regard to entitlement to reimbursement or the
amount of litigation expenses or the reasonableness of attorneys fees shall
be resolved by a court of competent jurisdiction upon appropriate motion or
by way of a special proceeding.
C.
Reimbursement of reasonable attorneys fees or litigation
expenses or both by the town as prescribed by this section shall be conditioned
upon:
(1)
Delivery to the Town Clerk by the employee of a written
request for reimbursement of expenses, together with, in the case of a criminal
proceeding, the original or a copy of any accusatory instrument, within 10
days after the employee is arraigned upon such instrument, or, in the case
of a grand jury appearance, written documentation or evidence of such appearance;
and
(2)
The full cooperation of the employee in the defense of
any action or proceeding against the town upon the same act and in the prosecution
of any appeal.
D.
Except as otherwise specifically provided in this section,
the provisions of this chapter shall not be construed in any way to impair,
alter, limit, modify, abrogate or restrict any immunity available to or conferred
upon any unit, entity, officer or employee of the town or any other level
of government, or any right to defense and/or indemnification provided for
any governmental officer or employee by, in accordance with or by reason of
any other provisions of state or federal statutory or common law.
