[HISTORY: Adopted by the Board of Trustees of the Village
of Roslyn 1-18-2000 by L.L. No. 1-2000 as Ch. 6 of the 2000 Code. Amendments
noted where applicable.]
This chapter shall be known and may be cited as the "Officers
and Employees Indemnification Law of the Incorporated Village of Roslyn,
New York."
The purpose of this chapter is to provide legal and financial
protection for those individuals serving the Village from damages
which may be claimed against them in their individual capacity for
actions taken while in the performance of their official duties and
responsibilities. In enacting this chapter, the 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 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. It is solely the intent of this chapter to provide
similar coverage for local officers and employees as is currently
provided for state officers and employees, so as to continue to attract
qualified individuals to local government service.
As used in this chapter, unless the context or subject matter
otherwise requires, the term "officer" or "employee" means any person
holding a position by election, appointment or employment in the service
of the Incorporated Village of Roslyn, whether or not compensated,
or a volunteer expressly authorized to participate in a municipally
sponsored volunteer program, but shall not include an independent
contractor. The term "officer" or "employee" shall include a former
officer or employee, his estate or judicially appointed personal representative.
A.
Upon compliance by the officer or employee with the provisions of
this chapter, the Village shall provide for the defense of the officer
or 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 officer or
employee was acting or in good faith purporting to act within the
scope of his or her public employment or duties or which is brought
to enforce a provision of 42 U.S.C. § 1981 or 1983. Such
defense shall not be provided where such civil action or proceeding
is brought by or on behalf of the Village.
B.
Subject to the conditions set forth in this chapter, the officer
or employee shall be represented by the Village Attorney.
(1)
The
Board of Trustees shall employ or retain a private attorney for the
defense of the officer or employee whenever:
(a)
The
Village does not have a Village Attorney;
(b)
The
Board of Trustees determines, based upon its investigation and review
of the facts and circumstances of the case, that representation by
the Village Attorney would be inappropriate; or
(c)
A
court of competent jurisdiction determines that a conflict of interest
exists and that the officer or employee cannot be properly represented
by the Village Attorney.
(2)
Reasonable
attorney fees and litigation expenses shall be paid by the Village
to such attorney employed or retained, from time to time, during the
pendency of the civil action or proceeding, subject to certification
by the Mayor and the approval by the Board of Trustees that the officer
or employee is entitled to representation under the terms and conditions
of this chapter.
C.
The Village Attorney and/or Village Administrator shall notify the
employee in writing of such determination that the officer or employee
will be represented by an attorney employed or retained by the Village.
The Village Attorney may require, as a condition to payment of the
fees and expenses of such representation, that multiple groups of
such employees be represented by the same counsel. If the officer
or employee or group of officers or employees will be represented
by an attorney employed or retained by the Village under the provisions
of this subsection, the Village Attorney shall so certify to the Village
Board. Payment of such fees and expenses shall be made in the same
manner as payment of other claims and expenses of the Village. Any
dispute with respect to representation of multiple officers or employees
by the Village Attorney or by an attorney employed or retained for
such purposes or with respect to the amount of the fees or expenses
shall be resolved by a court of competent jurisdiction.
D.
Where the officer or employee delivers process and a request for defense to the Village Attorney or the Mayor as required by § 34-5 of this chapter, the Village Attorney or the Mayor, as the case may be, shall take the necessary steps, including the retention of an attorney under the terms and conditions provided in Subsection B of this section, on behalf of the officer or employee to avoid entry of a default judgment, pending resolution of any question relating to the obligation of the Village to provide a defense.
E.
An officer or employee represented by private counsel shall cause
to be submitted to the Board of Trustees any proposed settlement which
may be subject to indemnification by the Village, and, if not inconsistent
with the provisions of this section, the Mayor shall certify such
settlement and submit such settlement and certification to the Village
Attorney. The Village Attorney shall review such proposed settlement
as to form and amount and shall give his or her approval if in his
or her judgment the settlement is in the best interest of the Village.
Nothing in this subsection shall be construed to authorize the Village
to indemnify or save harmless an officer or employee with respect
to a settlement not so reviewed and approved by the Village Attorney.
F.
Upon entry of a final judgment against the officer or employee or
upon the settlement of a claim, the officer or 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 the Mayor.
The duty to defend provided in this chapter shall be contingent
upon delivery by the officer or the employee to the Village Attorney
or, if none, to the Mayor of the original or a copy of any summons,
complaint, process, notice, demand or pleading within 10 days after
he or she is served with such document and upon the full cooperation
of the officer or employee in the defense of such action or proceeding
and defense of any action or proceeding against the Village based
upon the same act or omission and in the prosecution of any appeal.
Such delivery shall be deemed a request by the officer or employee
that the Village provide for his or her defense pursuant to this chapter,
unless the officer or employee shall state in writing that the defense
is not requested.
A.
The benefits of this chapter will inure only to officers and 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 provisions of the Workers' Compensation
Law.
B.
The benefits of this chapter shall be extended to an employee of
a negotiating unit for which an agreement has been negotiated pursuant
to the Civil Service Law, Article 14, only if such agreement expressly
so provides.
C.
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.
D.
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 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.
Pursuant to the provisions of § 18 of the Public Officers
Law, the Board of Trustees hereby agrees to be held liable for costs
incurred under the provisions of said section by conferring upon the
officers and employees of the Village the benefits of § 18
of such law. The benefits shall supplement and be available in addition
to defense or indemnification protection conferred by another enactment.
