[HISTORY: Adopted by the Board of Trustees
of the Village of Lynbrook 1-8-1990 by L.L. No. 1-1990.[1] Amendments noted where applicable.]
[1]
Editor's Note: This local law supersedes former
Ch. 25. Liability of Village Officials, adopted 5-21-1979 by L.L.
No. 2-1979.
The purpose of this chapter is to provide legal
and financial protection from losses for those individuals serving
the Village of Lynbrook, on account of civil actions or proceedings
which may be brought against them in their individual capacity for
actions taken while in the performance of their official duties and
responsibilities. In enacting this chapter, the Lynbrook Board of
Trustees finds that the State of New York has enacted similar provisions
for the legal and financial security of its officers and employees
and further finds that such security is also required for local personnel.
By enactment of this chapter, the Lynbrook Board of Trustees does
not intend to limit or otherwise abrogate any existing right or responsibility
of the Village or its employees with regard to indemnification or
legal defense.
As used in this chapter, unless the context
otherwise requires, the following terms shall have the meanings indicated:
Any litigation in state or federal court; and, for the purpose
of this chapter, this definition shall include any investigation or
action by a lawfully constituted police department, law enforcement
official, or district or United States attorney where no criminal
charges are lodged or where criminal charges are lodged followed by
acquittal or dismissal.
[Added 3-1-2010 by L.L. No. 1-2010]
Any person holding a position by election, appointment or
employment in the service of the Village of Lynbrook, whether or not
compensated or a volunteer expressly authorized to participate in
a municipally sponsored volunteer program, or an independent contractor
acting 1) under the direction of a Village department head; and 2)
designated by the Village Board as an ad hoc employee for limited
Village work. The term "employee" shall include a former employee,
his or her estate or judicially appointed personal representative.
[Amended 3-1-2010 by L.L. No. 1-2010]
A.
Upon compliance by the employee with the provisions of § 25-5 of this chapter, the Village 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 within the scope of his public employment or duties, or which is brought to enforce a provision of Section 1981 or 1983 of Title 42 of the United States Code. This duty to provide for a defense shall not arise where such civil action or proceeding is brought by or on behalf of the Village of Lynbrook.
B.
Subject to the conditions set forth in Subsection A of this section, the employee shall be entitled to be represented by the Village Attorney; provided, however, that the employee shall be entitled to representation by private counsel of his choice in any civil judicial proceeding whenever the Village Attorney determines, based upon his investigation and review of the facts and circumstance of the case, that representation by the Village Attorney 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 his choice. The Village Attorney may require, as a condition to payment of fees and expenses of such representation, that appropriate groups of such employees be represented by the same counsel. If the employee or group of employees is entitled to be represented by private counsel under the provisions of this section, the Village Attorney shall so certify to the Village Board. Reasonable attorney's 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, subject to certification by the head of the department, commission, division, office or agency in which such employee is employed that the employee is entitled to representation under the terms and conditions of this section and upon the audit of the Board of Trustees and warrant of the Village Treasurer. Any dispute with respect to representation of multiple employees by a single counsel or the amount of litigation expenses or the reasonableness of attorney's fees shall be resolved by the court upon motion or by way of special proceeding.
C.
Where the employee delivers process and a request for a defense to the Village Attorney as required by § 25-5 of this chapter, the Attorney shall take the necessary steps, including the retention of private counsel 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 pertaining to the obligation to provide for a defense.
A.
The Village shall indemnify and save harmless its
employees in the amount of any judgment obtained against such employees
in any 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 settlement arose occurred while the employee was acting within
the scope of his public employment or duties.
B.
An employee represented by private counsel shall cause
to be submitted to the Lynbrook Board of Trustees any proposed settlement
which may be subject to indemnification by the Village, and if not
inconsistent with the provisions of this chapter, the Mayor shall
certify, after approval of such settlement by the Board of Trustees,
and submit such settlement and certification to the Village Attorney.
The Attorney shall review such proposed settlement as to form and
amount and shall give his approval if, in his judgment, the settlement
is in the best interest of the Village. Nothing in this section shall
be construed to authorize the Village to indemnify or save harmless
an employee with respect to a settlement not so reviewed and approved
by the Village Attorney and Board of Trustees.
C.
Upon entry of a final judgment against the employee
or upon the settlement of the claim, the employee shall cause to be
served 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 Mayor, and if not inconsistent with the provisions of this
section, such judgment or settlement shall be certified for payment
by such Mayor. If the Attorney concurs in such certification, the
judgment or settlement shall be paid upon the audit of the Board of
Trustees and warrant of the Village Treasurer.
[Amended 1-13-2014 by L.L. No. 5-2014; 9-15-2014 by L.L. No. 16-2014]
A.
The duty
to defend or indemnify and save harmless provided by this chapter
shall be conditioned upon delivery by the employee to the Village
Clerk or his assistant, at his office, of 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 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 of omission and in the prosecution of any appeal. Such
delivery shall be deemed a request by the employee that the Village
provide for his defense pursuant to this chapter.
B.
For the reduction of Village exposure to the unnecessary costs of
indemnity hereunder, individuals applying for employment, other than
those persons who are required to be fingerprinted under regulations
of the Nassau County Civil Service Commission, shall appear at the
offices of the Lynbrook Police Department. The applicant shall be
directed by the Lynbrook Police Department to submit fingerprints
and fees and manner as prescribed by the Division of Criminal Justice
Services. The results of the criminal history record information check
as reported by the Division of Criminal Justice Services shall be
reviewed by the Lynbrook Chief of Police who shall submit a written
report. The report provided by the Chief of Police shall only indicate
if the individual should be granted or denied employment. The Chief
of Police may not report or discuss any criminal history record information
received from the Division of Criminal Justice Services.
[Amended 3-16-2015 by L.L. No. 2-2015]
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 provision of this chapter
be construed to affect, alter or repeal any provision of the Workers'
Compensation 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.
Nothing in this chapter shall authorize the
Village to indemnify or save harmless an employee with respect to
punitive or exemplary damages, fines or penalties.
The provisions of this chapter shall apply to
all actions and proceedings pending upon the effective date thereof
or thereafter instituted.
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 available to or conferred upon any unit, entity, officer
or employee of the Village 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.
