[HISTORY: Adopted by the Board of Trustees
of the Village of Brewster 8-20-1980 by L.L. No. 1-1980 (Ch. 12 of the 1992
Code). Amendments noted where applicable.]
As used in this chapter, unless the context
otherwise requires, the following terms shall have the meanings indicated:
Any person holding a position by election, appointment or
employment in the service of the Village, but the term shall not include
a volunteer, any person not compensated for his services or an independent
contractor. The term "employee" shall include a former employee, his
estate or judicially appointed personal representative.
The Village of Brewster, Putnam County, New York.
A.
Upon compliance by the employee with the provisions of § 13-3, the Village shall provide for the defense of the employee in any civil action or proceeding in any state or federal court arising out of any alleged act or omission which occurred or is alleged in the complaint to have occurred while the employee was acting or in good faith purporting to act within the scope of his public employment or duties. Such defense shall not be provided where such civil action or proceeding is brought by or on behalf of the Village.
B.
Subject to the conditions set forth in this chapter,
the employee shall be represented by the Village Attorney or an attorney
employed or retained by the Village for the defense of the employee.
The Village of Brewster Board of Trustees shall employ or retain an
attorney for the defense of the employee whenever:
(1)
The Village does not have a Village Attorney.
(2)
The Village of Brewster Board of Trustees determines,
based upon its investigation and review of the facts and circumstances
of the case, that representation by the Village Attorney would be
inappropriate.
(3)
A court of competent jurisdiction determines that
a conflict of interest exists and that the employee cannot be represented
by the Village Attorney. Reasonable attorney's fees and litigation
expenses shall be paid by the Village to such attorney employed or
retained from time to time during the pendency of the civil action
or proceeding, subject to certification by the Village Mayor that
the employee is entitled to representation under the terms and conditions
of this chapter. Payment of such fees and expenses shall be made in
the same manner as payment of other claims and expenses of the Village.
Any dispute with respect to representation of multiple employees by
the Village Attorney or by an attorney employed or retained for such
purposes or with respect to the amount of the fees or expenses shall
be resolved by the court.
C.
Where the employee delivers process and a request for a defense to the Village Attorney or the Village Mayor, as the case may be, the Village shall take the necessary steps, including the retention of an attorney under the terms and conditions provided in Subsection B, on behalf of the employee to avoid entry of a default judgment pending resolution of any question relating to the obligation of the Village to provide for a defense.
The duties to defend provided in this chapter
shall be contingent upon:
A.
Delivery to the Village Attorney or, if none, to the
Mayor of the original or a copy of any summons, complaint, process,
notice, demand or pleading within five days after he is served with
such document. Such delivery shall be deemed a request by the employee
that the Village provide for his defense pursuant to this chapter,
unless the employee shall state in writing that a defense is not requested.
B.
The full cooperation of the employee in the defense
of such action or proceeding and defense of any action or proceeding
against the Village based upon the same act or omission and in the
prosecution of any appeal.
The benefits of this chapter will inure only
to employees as defined herein and shall not enlarge or diminish the
rights of any other party, nor shall any provision of this chapter
be construed to affect, alter or repeal any provisions of the Workers'
Compensation Law.
The benefits of this chapter shall be extended
to an employee of a negotiating unit for which an agreement has been
negotiated pursuant to the Civil Service Law, Article 14, only if
such agreement expressly so provides.
The provisions of this chapter shall not be
construed to impair, alter, limit or modify the rights and obligations
of any insured under any policy of insurance.
As otherwise specifically provided in this chapter,
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
Village or any right to defense provided for any governmental officer
or employee by, in accordance with or by reason of any other provision
of state or federal statutory or common law.
The provisions of this chapter shall apply to
all actions and proceedings specified herein which have been commenced,
instituted or brought on or after the effective date of this chapter.
