[HISTORY: Adopted by the Town Board of the Town of Geneva 10-13-1981
by L.L. No. 10-1981 (Ch. 3 of the 1972 Code). Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings
indicated:
An employee of the Town of Geneva.
An officer of the Town of Geneva, whether elected or appointed.
The performance of any act, duty or power in the furtherance of the
interest of the Town of Geneva by an officer or employee and which is related
to the duties of such officer or employee.
The Town of Geneva shall save harmless and indemnify any officer or
employee of the town from financial loss resulting from a claim filed in any
court of competent jurisdiction for damages arising out of an act done or
the failure to perform any act, provided that such officer or employee, at
the time of the alleged act or failure to perform any act, was acting in the
performance of his or her duties and within the scope of employment.
The officer or employee shall deliver, within 10 days of the time he
or she is served with any summons, complaint, process, notice, demand or pleading,
the original or a copy thereof to the Town Attorney and request the Town Attorney
to assume control of his or her representation. The Town Attorney, upon receipt
of any such summons, complaint, process, notice, demand or pleading, may assume
control of the representation of the officer or employee. Upon assuming such
control, the officer or employee shall cooperate fully with the Town Attorney.
A.
At any time during the proceedings, if the Town Attorney
feels that because of the nature of the claim or the possibility of a conflict
of interest between the officer or employee and the town or for any other
appropriate reason that special or independent counsel should be retained,
he or she may request the Town Board to appoint special or independent counsel
to defend or assist in the defense of the officer or employee.
B.
Upon such request, the Town Board may appoint such special
or independent counsel as may be appropriate.
This chapter shall not in any way impair, limit or modify the rights
and obligations of any insurer under any policy of insurance.
The benefits of § 8-2 of this chapter shall inure only to officers and employees of the town and shall not enlarge or diminish the rights of any other party.
This chapter shall apply with respect to claims arising on or after
the effective date of this chapter.
