[Adopted 8-11-1994 by L.L. No. 1-1994]
The Town Board is hereby authorized to pay or reimburse the
reasonable attorneys' fees and litigation expenses incurred by
or on behalf of a Town officer or employee in his or her defense of
any civil or criminal proceeding in a state or federal court arising
out of any act which occurred while any such officer or employee was
acting in good faith within the scope of his or her public employment
or duties, provided that no payment or reimbursement for any attorneys'
fees or litigation expenses shall be made with regard to any criminal
proceeding unless such proceeding is terminated by:
B. Dismissal
of the criminal charges against said employee; or
C. Adjournment
of said proceeding in contemplation of dismissal, as provided in § 170.55
of the Criminal Procedure Law of the State of New York.
This article shall authorize payment for or reimbursement of
attorneys' fees and litigation expenses incurred either before or
after the effective date hereof, provided that application for payment
or reimbursement of any such previously incurred fees or expenses
shall be submitted by the Town officer or employee involved to the
Town Board within 30 days after the effective date hereof.
The provisions hereof shall be in addition to and not in replacement
of any other statutory provisions for payment or reimbursement of
legal expenses of Town officers or employees. In addition, this article
expressly supersedes any inconsistent provisions of § 18
of the Public Officers Law of the State of New York and § 65
of the Town Law of the State of New York.