As used in this chapter, the following terms
shall have the meanings indicated:
APPOINTMENT IN THE SERVICE OF THE VILLAGE
Any appointment by the Mayor in his capacity as Mayor and/or
Chief Executive Officer of the Village, whether or not the approval
of the Board of Trustees is required, including, but not limited to,
an appointment of himself, and any appointment by the Board of Trustees,
including, but not limited to, an appointment of a member of the Board
of Trustees, whether pursuant to the Village Law, the Public Authorities
Law, or any other law, or not pursuant to any law, to any board, committee,
authority, or other entity, including, but not limited to, the Water
Authority of Great Neck North, the Municipal Sponsoring Board of the
Length of Service Awards Program for the Alert Engine, Hook and Ladder
and Hose Company No. 1, Inc., the Nassau County Village Officials
Association, and the Great Neck Village Officials Association.
[Added 11-3-2014 by L.L.
No. 3-2015]
BOARD
The Board of Trustees of the Village.
EMPLOYEE
Any person holding an office or other position by election,
appointment, or employment in the service of the Village, whether
or not compensated, or a volunteer expressly authorized to participate
in a municipally sponsored volunteer program, including, but not limited
to, the Mayor, Trustees, board and commission members, Village Attorney
and other legal counsel, whether performing retainer or non-retainer
services. The term "employee" shall include a former employee as well
as such employee's estate or judicially appointed personal representative.
VILLAGE
The Village of Kings Point. References to the Mayor, Treasurer,
Trustees, Village Attorney, and Village Clerk refer to the respective
Mayor, Treasurer, Trustees, Village Attorney, and Village Clerk of
the Village.
The full benefits of § 18 of the Public Officers Law of the State of New York are hereby conferred upon all of the employees of the Village, and the Village shall be liable for all of the costs incurred under that section, as well as the costs incurred under §§
9-5 and
9-6 hereof.
The benefits accorded employees of the Village
under § 18 of the Public Officers Law shall be available
in addition to defense and indemnification provisions conferred by
any other enactment.
Subject to the conditions set forth in §§
9-5 and
9-8, an employee shall be entitled to be represented by the Village Attorney or other counsel designated by the Board or the Village's insurance carrier; provided, however, that the employee shall be entitled to representation by private counsel of such employee's choice in any civil action or proceeding whenever the Village Attorney, or other counsel designated by the Board or the Village's insurance carrier, determines, based upon the Village Attorney's, other counsel's, or the insurance carrier's investigation and review of the facts and circumstances of the case, that representation by the Village Attorney or other designated counsel would be inappropriate or whenever a court of competent jurisdiction, upon appropriate motion or by a special proceeding, determines that a conflict of interest exists and that the employee is entitled to be represented by private counsel of such employee's choice. The Village Attorney, or other counsel designated by the Board or the insurance carrier, shall notify the employee, in writing, of such determination that the employee is entitled to be represented by private counsel of such employee's choice. The Board or the insurance carrier may require, as a condition to payment of the fees and expenses of such representation, that the same counsel represent appropriate groups of such employees. If the employee or group of employees is entitled to representation by private counsel under the provisions of this chapter, the Village Attorney, other designated counsel, or the insurance carrier shall so certify to the Board. Reasonable attorneys' fees and litigation expenses shall be paid by the Village or the insurance carrier to such private counsel from time to time during the pendency of the civil action or proceeding, upon the audit and warrant of the Treasurer or the approval of the insurance carrier. 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.
Where the employee delivers process and a request for defense to the Village Attorney as required by §
9-8, the Village Attorney shall take the necessary steps, including the retention of private counsel under the terms and conditions provided in §
9-6, 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. In the event that insurance is available for such defense, in lieu of the foregoing, the Village Clerk shall forward such process to the insurance carrier or carriers that are responsible for providing such defense.
[Added 5-19-2003 by L.L. No. 7-2003]
A. For the purposes of this section, the term "non-bargaining-unit
employee" shall mean all employees, as "employee" is defined in this
chapter, except such employees that are a part of a recognized bargaining
unit of a labor union.
B. Upon compliance by a non-bargaining-unit employee with the provisions of this section, and subject to the conditions set forth in this section and the considerations set forth in Subsection
C of §
9-5, it shall be the duty of the Village to pay reasonable attorneys' fees and litigation expenses incurred by or on behalf of a non-bargaining-unit employee, as a reimbursement of expenses, in his or her defense of a criminal proceeding in a state or federal court arising out of any act which occurred while such non-bargaining-unit employee was acting within the scope of such non-bargaining-unit employee's public employment or duties or reasonable attorneys' fees incurred in connection with an appearance before a grand jury where such appearance was required as a result of any act which occurred while such non-bargaining-unit employee was acting within the scope of such non-bargaining-unit employee's public employment or duties or such appearance occurs in the normal course of the public employment or duties of such non-bargaining-unit employee. Such reimbursements shall be paid, upon such non-bargaining-unit employee's compliance with the provisions of this section, from time to time, in the discretion of the Board, and shall not have to wait until the final disposition of the criminal proceeding or the grand jury investigation.
C. Upon the application for reimbursement for reasonable
attorneys' fees or litigation expenses, or both, made by or on behalf
of a non-bargaining-unit employee as provided in this section, the
Board shall determine, based upon its investigation and review of
the facts and circumstances, whether such reimbursement shall be paid.
In the event that recusal prevents three or more members of the Board
from making such determination, the Mayor shall make such determination.
In the event that such recusals prevent the Board and the Mayor from
making such determination, the Village Justice, in consultation with
the Village Attorney, shall make such determination. The Board, the
Mayor, or the Village Justice, as the case may be, shall notify the
non-bargaining-unit employee in writing of such determination and
shall file the determination with the Village Clerk. The Village Clerk
shall certify such determination to the Village Treasurer. Upon such
certification, reimbursement shall be made for such fees or expenses,
or both, upon the audit and warrant of the Board. Any dispute with
regard to entitlement to reimbursement or the amount of litigation
expenses or the reasonableness of attorneys' fees shall be resolved
by a court of competent jurisdiction by way of a special proceeding
in the manner provided by Article 78 of the Civil Practice Law and
Rules. Such proceeding must be commenced within 30 days after the
filing of the decision in the office of the Village Clerk.
D. Reimbursement of reasonable attorneys' fees or litigation
expenses, or both, by the Village as prescribed by this section shall
be conditioned upon:
(1) Delivery to the Village Clerk, or, if the reimbursement
is sought by the Village Clerk, to the Mayor, of a written request
for reimbursement of expenses, together with, in the case of a criminal
proceeding, the original or a copy of an accusatory instrument, within
10 days after the non-bargaining-unit employee is arraigned upon such
instrument, or, in the case of a grand jury appearance, written documentation
of evidence of such appearance; and
(2) The full cooperation of the non-bargaining-unit employee
in defense of any action or proceeding against the Village based upon
the same act, and in the prosecution of any appeal.
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 of competent jurisdiction,
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 to the maximum
extent permitted by such determination.
Pursuant to the authority granted to Villages
by Municipal Home Rule Law § 10(1)(ii)(e)(3), the provisions
with regard to defense and indemnification of officers and employees
of public entities of § 18 of the Public Officers Law and
with regard to liability of police officers for negligence in the
performance of duty of § 50-j of the General Municipal Law
are hereby superseded in their relation to the Village to the extent
required, if at all, that such provisions in said §§ 18
and 50-j are hereby supplemented, but not diminished, by the additional
indemnification and hold harmless provisions set forth in this chapter.