This chapter is adopted pursuant to the authority of § 18
of the Public Officers Law of the State of New York and shall be known as
the "Defense and Indemnification Law of the Village of Johnson City."
This chapter provides for the legal defense and indemnification of judgments
against employees of the Village pursuant to § 18 of the Public
Officers Law.
For the purpose of this chapter, the following terms shall have the
meanings given herein:
EMPLOYEE
Any person who is an officer or employee of the Village of Johnson
City, or any member of any Village board, council or commission or a volunteer
expressly authorized to participate in a Village-sponsored volunteer program,
or any other person holding a position by election, appointment or employment
in the service of the Village, whether or not compensated. The term "employee"
shall include a former employee, his or her estate or judicially approved
personal representative, but shall not include an independent contractor.
VILLAGE
The Incorporated Village of Johnson City, County of Broome, State
of New York.
By the adoption of this chapter, the Village hereby agrees to confer
upon its employees the benefits of § 18 of the Public Officers Law
of the State of New York and to be held liable for the costs incurred under
its provisions.
Subject to the terms, provisions and conditions contained in said Public
Officers Law, the Village shall provide for the legal defense and indemnification
of its employees for acts or omissions which occurred while they were acting
or, in good faith, purporting to act within the scope of their public employment
or duties.
Any dispute as to whether an employee was acting or, in good faith,
purporting to act within the scope of his or her employment or duties shall
be resolved by the Board of Trustees, which shall review and consider the
facts and circumstances out of which the complaint arose. The Board of Trustees
need not limit its review to the allegations contained in the legal proceedings
and may reassess any determination based on additional evidence or subsequent
developments in the action or proceeding.