[HISTORY: Adopted by the Town Board of the Town of Deerpark 11-18-1985
by L.L. No. 3-1985. 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 of election, appointment or employment
in the service of the Town, but 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 Town of Deerpark.
A.
Upon compliance by the employee with the provisions of § 22-3 of this chapter, the Town 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 Town.
B.
Subject to the conditions set forth in this chapter,
the employee shall be represented by the Town Attorney or an attorney employed
or retained by the Town for the defense of the employee. The Town Board shall
employ or retain an attorney for the defense of the employee whenever (1)
the Town does not have a Town Attorney, (2) the Town Board determines based
upon its investigation and review of the facts and circumstances of the case
that representation by the Town Attorney would be inappropriate, or (3) a
court of competent jurisdiction determines that a conflict of interest exists
and the employee cannot be represented by the Town Attorney. Reasonable attorney's
fees and litigation expenses shall be paid by the Town to such attorney employed
or retained, from time to time, during the pendency of the civil action or
proceeding subject to certification by the Town Supervisor 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 Town. Any dispute with respect to representation
of multiple employees by the Town Attorney 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 Town Attorney or the Town Supervisor as required by § 22-3 of this chapter, the Town Attorney or the Supervisor, as the case may be, shall take the necessary steps, including the retention of an attorney under the terms and conditions provided in Subsection B of this section on behalf of the employee to avoid entry of a default judgment, pending resolution of any question relating to the obligation of the Town to provide a defense.
The duties to defend provided in this chapter shall be contingent upon
delivery to the Town Attorney or, if none, to the Town Supervisor 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; and the full cooperation
of the employee in the defense of such action or proceeding and defense of
any action or proceeding against the Town based upon the same act or omission,
and in the prosecution of any appeal. Such delivery shall be deemed a request
by the employee that the Town provide for his defense pursuant to this chapter,
unless the employee shall state in writing that a defense is not requested.
The Town shall 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 section 1981 and 1983
of the U. S. Civil Rights Act. 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.
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 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 insurer 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, official or employee of the Town 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.
