[HISTORY: Adopted by the Town Board of the Town of Niles at time
of adoption of Code (see Ch. 1, General Provisions, Art. I). Amendments noted
where applicable.]
The Board of Trustees of the Town of Niles has heretofore recognized
the increasing litigation exposure faced by public employees
and officers and conferred the defense and indemnification benefits contained
in § 18 of the Public Officers Law on the village's public
officials and employees by resolution. The Board of Trustees wishes to reaffirm
and codify that action and to provide additional indemnification and defense
protection pursuant to law.
The full benefits of § 18 of the Public Officers Law shall apply to public officials and employees of the Town of Niles, and the Town of Niles shall be held liable for the costs incurred under the provisions of that section, as well as the costs incurred under § 11-3 of this chapter.
The town will 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 U.S. Civil Rights Act. The village 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, including punitive and
exemplary damages. Such legal defense and indemnification shall be provided
only 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.
