[HISTORY: Adopted by the Common Council of the City of Gloversville as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Continuity of government — See Ch. 10.
Election districts — See Ch. 21.
Code of Ethics — See Ch. 25.
[1]
Editor's Note: Former Art. I, Residency Requirements, adopted 3-23-1982 as L.L. No. 2-1982, as amended, was repealed 4-23-1996 by L.L. No. 1-1996.
[Adopted 8-22-1989 as L.L. No. 4-1989]
As used in this article, unless the context otherwise requires, the following terms shall have the meanings indicated:
CITY
The City of Gloversville.
COUNCIL
The Common Council of the City of Gloversville.
EMPLOYEE
Any commissioner, member of a public board or commission, trustee, director, officer, employee, volunteer expressly authorized to participate in a publicly sponsored volunteer program or any other person holding a position by election, appointment or employment in the service of a public entity, whether or not compensated, but shall not include the sheriff of any county or an independent contractor. The term "employee" shall include a former employee, his estate or judicial appointed representative.
A. 
The city will provide for the cost of the defense of an employee, who may select any attorney of his/her choice to defend him/her, whenever the City Attorney determines that a conflict of interest exists or if a court, on appropriate motion, determines such to be the case and that the employee is entitled to be represented by an attorney of his/her choice.
B. 
The City Attorney shall determine, as a condition to the payment of legal fees and expenses, that appropriate groups of employees be represented by the same counsel. Reasonable attorney's fees and litigation expenses shall be paid by the city to such private counsel, from time to time, during the legal proceedings, with the approval of the Common Council.
C. 
The city will indemnify and save harmless any employee for the amount of any judgment or settlement, provided that the act or omission of the employee occurred while he was acting within the scope of his public employment as provided by § 18 of the New York State Public Officers Law.
D. 
Settlement of any and all claims against any and all employees shall be subject to approval of the Common Council.
E. 
The city shall not defend, indemnify or save harmless any employee for any intentional wrongdoing, recklessness or with respect to punitive or exemplary damages, fines, penalties or money recovered from any employee pursuant to § 51 of the General Municipal Law.
A. 
The employee shall:
(1) 
Make a formal request for his/her defense to his/her department head and/or to the City Clerk.
(2) 
Deliver to the City Attorney and/or to the City Clerk the original of any summons, complaint, process, notice, demand or pleading within five days after he is served with such document.
(3) 
Cooperate in the defense of any action or proceeding and defense of any action or proceeding against the city based upon the same act or omission, and in the prosecution of any appeal.
B. 
Delivery of any summons, complaint, process, notice, demand or pleading shall be deemed a request by the employee that the city provide for his defense pursuant to this article, unless the employee shall state in writing that a defense is not requested.
The benefits provided by this article are exclusive unless the Common Council provides otherwise.
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 Article 14 of the Civil Service Law 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. 
As 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 city 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 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.[1]
[1]
Editor's Note: Former Article III, Retirement Incentive Program, adopted 4-25-1995 by L.L. No. 3-1995, as amended, was removed from the Code due to the temporary nature of the legislation.