[HISTORY: Adopted Floral Park Village Board 12-18-1979
by L.L. No. 9-1979; amended in its entirety 1-5-1982
by L.L. No. 1-1982. Subsequent amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings
indicated:
Any commissioner, member of a board or commission, trustee, director,
officer, employee, volunteer expressly authorized to participate in a publicly
sponsored volunteer program or any other person holding a position by election,
appointment or employment in the service of the village, whether or not compensated,
but shall not include an independent contractor. The term "employee" shall
include a former employee, his estate or judicially appointed personal representative.
A.Â
Upon compliance by the employee with the provisions of § 48-4 of this chapter, the village shall provide for the defense of the employee in any civil action or proceeding, state or federal, arising out of any alleged act or omission which occurred or allegedly occurred while the employee was acting within the scope of his public employment or duties. This duty to provide for a defense shall not arise where such civil action or proceeding is brought by or at the behest of the village.
B.Â
Subject to the conditions set forth in Subsection A of this section, the employee shall be entitled to be represented by private counsel of his choice in any civil action or proceeding whenever the Village Attorney or other counsel designated by the village determines that a conflict of interest exists and that the employee is entitled to be represented by counsel of his choice; provided, however, that the Village Attorney or other counsel designated by the village may require, as a condition to payment of the fees and expenses of such representation, that appropriate groups of such employees be represented by the same counsel. 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 with the approval of the Board of Trustees of the village.
C.Â
Any dispute with respect to representation of multiple
employees 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.
D.Â
Where the employee delivers process and a written request for a defense to the village under § 48-4, the village shall take the necessary steps on behalf of the employee to avoid entry of a default judgment pending resolution of any question pertaining to the obligation to provide for a defense.
A.Â
The village shall indemnify and save harmless its employees
in the amount of any judgment obtained against such employees in a state or
federal court, or in the amount of any settlement of a claim, provided that
the act or omission from which such judgment or claim arose occurred while
the employee was acting within the scope of his public employment or duties,
provided further that in the case of a settlement the duty to indemnify and
save harmless shall be conditioned upon the approval of the amount of settlement
by the Board of Trustees of the village.
B.Â
Except as otherwise provided by law, the duty to indemnify
and save harmless prescribed by this section shall not arise where the injury
or damage resulted from intentional wrongdoing or recklessness on the part
of the employee.
C.Â
Nothing in this section shall authorize the village to
indemnify or save harmless an employee with respect to punitive or exemplary
damages, fines or penalties, or money recovered from an employee pursuant
to § 51 of the General Municipal Law.
D.Â
Upon entry of a final judgment against the employee or
upon the settlement of the claim, the employee shall serve a copy of such
judgment or settlement, personally or by certified or registered mail, within
30 days of the date of entry or settlement, upon the Clerk of the village;
and if not inconsistent with the provisions of this section, the amount of
such judgment or settlement shall be paid by the village.
The duty to defend or indemnify and save harmless prescribed by this
chapter shall be conditioned upon:
A.Â
Delivery by the employee to the Village Attorney or to
the Village Clerk of a written request to provide for his defense, together
with the original or a copy of any summons, complaint, process, notice, demand
or pleading, within 10 days after he is served with such document; and
B.Â
The full cooperation of the employee in the defense of
such action or proceeding and in defense of any action or proceeding against
the village based upon the same act or omission, and in the prosecution of
any appeal.
A.Â
The benefits of this chapter shall inure only to employees
as defined herein and shall not enlarge or diminish the rights of any other
party, nor shall any provisions of this chapter be construed to affect, alter
or repeal any provision of the Workers' Compensation Law.
B.Â
This section shall not in any way affect the obligation
of any claimant to give notice to the village under § 50-e of the
General Municipal Law or any other provision of law.
The provisions of this chapter shall not be construed to impair, alter,
limit or modify the rights and obligations of any insurer under any policy
of insurance.
Except 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 to liability available to or conferred
upon any unit, entity, officer or employee of the village by, in accordance
with or by reason of any other provision of state or federal statutory or
common law.
If any provision of this chapter or the application thereof to any person
or circumstance shall be held unconstitutional or invalid in whole or in part
by any court, such holding of unconstitutionality or invalidity shall in no
way affect or impair any other provision of this chapter or the application
of any such provision to any other person or circumstance.
