[HISTORY: Adopted by the Town Board of the Town of Hamlin 11-11-1985 by L.L. No.
3-1985 (Ch. 7 of the 1987 Code). Amendments noted
where applicable.]
The Town Board hereby adopts § 18 of the Public Officers
Law and confers the benefits thereof upon all Town officers and employees.
The Town of Hamlin shall provide for the defense of any Town
officer or employee in any civil action or proceeding arising out
of any alleged act or omission in which it is alleged that the officer
or employee has violated the civil rights of the claimant, petitioner
or plaintiff under §§ 1981 and 1983 of the United States
Civil Rights Act. The Town shall indemnify and save harmless such
officer or employee in the amount of any judgment or settlement of
claim obtained against such officer or employee. Such legal defense
and indemnification shall be provided where the officer or employee,
at the time of such alleged act or omission, was acting in good faith
and within the scope of his public employment, powers or duties. The
provisions of this section shall be in addition to any other statute,
local law or enactment providing legal defense and indemnification
in civil actions brought against such officer or employee.
The Town of Hamlin shall provide for the defense and indemnification
of all Town officials and employees in any criminal action or proceeding
arising out of any alleged act or omission which occurred while the
officer or employee was acting within the scope of his public employment
or duties. This duty to provide for defense and indemnification shall
not arise where such criminal action or proceeding is brought by or
on behalf of the Town. The procedures outlined in § 18 of
the Public Officers Law for defense and indemnification of officers
and employees in civil cases shall apply, where appropriate, in such
criminal cases.
