[Adopted 1-27-1981 by L.L. No. 2-1981
as Ch. 25, Art. II, of the 1981 Code]
[Amended 2-14-1991 by L.L. No. 1-1991]
As used in this article, the following terms
shall have the meanings indicated:
Any person holding a position by election, appointment or
employment in the service of the Town, but shall not include a volunteer,
any person not compensated for his service or an independent contractor.
The term "employee" shall include a former employee, his estate or
judicially appointed personal representative. The term shall also
include any Police Commissioner serving the Town.
The Town of North Greenbush.
A.
Upon compliance by the employee with the provisions of § 27-8 of this article, 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 article,
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.
(3)
A court of competent jurisdiction determines that
a conflict of interest exists and that the employee cannot be represented
by the Town Attorney.
C.
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 article.
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
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.
Where the employee delivers process and a request for a defense to the Town Attorney or the Town Supervisor as required by § 27-8 of this article, 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 § 27-6B and C 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.
[Amended 11-14-1991 by L.L. No. 9-1991]
The duties to defend or to indemnify and save
harmless provided in this article 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 ten (10) days after the employee 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 article, unless
the employee shall state in writing that a defense is not requested.
A.
The Town shall indemnify and save harmless any employee
whose defense was provided pursuant to this article in the amount
of any judgment obtained against such employee or in the amount of
any settlement or compromise approved by the Town Board. The Town
shall not indemnify and save harmless the employee:
B.
Any claim or compromise settlement which may be subject
to indemnification by the Town shall not be paid unless it is presented
to and approved by the Town Board.
C.
Upon entry of a final judgment against the employee
or upon settlement or compromise of a claim as approved by the Town
Board, the employee shall cause to be served upon the Town Supervisor
a copy of such judgment or settlement, personally or by certified
or registered mail, within thirty (30) days of the date of entry or
settlement. Such judgment or settlement shall be processed and paid
in the same manner as other judgments or settlements of claims are
paid by the Town.
A.
The benefits of this article 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 article be construed
to affect, alter or repeal any provisions of the Workers' Compensation
Law.
B.
The benefits of this article 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.
C.
The provisions of this Article shall not be construed
to impair, alter, limit or modify the rights and obligations of any
insurer under any policy of insurance.
D.
Unless otherwise specifically provided in this Article,
the provisions of this Article 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 right to defense and/or indemnification 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.
E.
The provisions of this Article shall apply to all
actions and proceedings specified herein which have been commenced,
instituted or brought on or after the effective date of this Article.
