[HISTORY: Adopted by the Board of Supervisors of Saratoga
County 11-20-1984 by L.L. No. 4-1984. Amendments noted where applicable.]
The New York State Legislature has enacted legislation permitting
public entities, including counties, to provide for the defense and
indemnification of officers and employees. The Saratoga County Board
of Supervisors, by this chapter, hereby agrees to confer the benefits
of § 18 of the Public Officers Law upon its employees and
to be held liable for the costs incurred under these provisions.
[Amended 7-22-1986 by L.L. No. 4-1986]
As used in this chapter, the following terms shall have the
meanings indicated:
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 Saratoga County, whether or not compensated, but shall
not include an independent contractor. The term "employee" shall include
a former employee, his estate or judicially appointed personal representative.
A.
Upon compliance by the employee with the provisions of § 24-5 of this chapter, Saratoga County shall provide for the defense of the employee in any civil action or proceeding, state or federal, arising out of any alleged act or omission which occurred or allegedly occurred while the employee was acting within the scope of his public employment or duties. This duty to provide for a defense shall not arise where such civil action or proceeding is brought by or at the behest of Saratoga County.
B.
Subject to the conditions set forth in Subsection A of this section, the employee shall be entitled to be represented by private counsel of his choice in any civil action or proceeding whenever the County Attorney determines that a conflict of interest exists, or whenever a court, upon appropriate motion or otherwise by a special proceeding, determines that a conflict of interest exists and that the employee is entitled to be represented by counsel of his choice; provided, however, that the County Attorney may require, as a condition to payment of the fees and expenses of such representation, that appropriate groups of such employees be represented by the same counsel. Reasonable attorney fees and litigation expenses shall be paid by Saratoga County to such private counsel from time to time during the pendency of the civil action or proceeding with the approval of the Saratoga County Board of Supervisors.
C.
Any dispute with respect to representation of multiple employees
by a single counsel or the amount of litigation expenses or the reasonableness
of attorney fees shall be resolved by the court upon motion or by
way of a special proceeding.
D.
Where the employee delivers process and a written request for a defense to Saratoga County under § 24-5 of this chapter, Saratoga County shall take the necessary steps 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.
Saratoga County shall indemnify and save harmless its employees in
the amount of any judgment obtained against such employees in a 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 claim arose occurred
while the employee was acting within the scope of his public employment
or duties, provided further that, in the case of a settlement, the
duty to indemnify and save harmless shall be conditioned upon the
approval of the amount of settlement by the Saratoga County Board
of Supervisors.
B.
Except as otherwise provided by law, the duty to indemnify and save
harmless prescribed by this section shall not arise where the injury
or damage resulted from intentional wrongdoing or recklessness on
the part of the employee.
C.
Nothing in this section shall authorize Saratoga County to indemnify
or save harmless an employee with respect to punitive or exemplary
damages, fines or penalties, or money recovered from an employee pursuant
to § 51 of the General Municipal Law.
D.
Upon entry of a final judgment against the employee, or upon the
settlement of the claim, the employee shall serve 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 Chair of the
Saratoga County Board of Supervisors, and if not inconsistent with
the provisions of this chapter, the amount of such judgment or settlement
shall be paid by Saratoga County.
The duty to defend or indemnify and save harmless prescribed
by this chapter shall be conditioned upon:
A.
Delivery by the employee to the County Attorney or to the Chair of
the Saratoga County Board of Supervisors of a written request to provide
for his defense together with 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
B.
The full cooperation of the employee in the defense of such action
or proceeding and in defense of any action or proceeding against Saratoga
County based upon the same act or omission, and in the prosecution
of any appeal.
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, after or repeal any provision of the Workers' Compensation
Law.
This chapter shall not in any way affect the obligation of any
claimant to give notice to Saratoga County under § 10 of
the Court of Claims Act, § 50-e of the General Municipal
Law, or any other provision of law.
Saratoga County is hereby authorized and empowered to purchase
insurance from any insurance company created by, or under, the law
of the State of New York, or authorized by law to transact business
in this state, against any liability imposed by the provisions of
this chapter, or to act as a self-insurer with respect thereto.
All payments made under the terms of this chapter, whether for
insurance or otherwise, shall be deemed to be for a public purpose
and shall be audited and paid in the same manner as other public charges.
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.
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 to liability
available to, or conferred upon, any unit, entity, officer or employee
of Saratoga County by, in accordance with, or by reason of any other
provision of state or federal statutory or common law.
Except as otherwise provided in this chapter, benefits accorded
to employees under this chapter shall supplement, and be available
in addition to, defense or indemnification protection conferred by
any other enactment of the Saratoga County Board of Supervisors.
If any provision of this chapter or the application thereof
to any person or circumstance be held unconstitutional or invalid
in whole or in part by any court, 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.
