[HISTORY: Adopted by the Town Board of the Town of Frankfort: Art. I, 12-13-1988 by L.L. No. 3-1988, amended in its entirety 12-11-1990 by L.L. No. 7-1990; Art. II, 9-18-1990 by L.L. No. 4-1990. Amendments noted where applicable.]
GENERAL REFERENCES
Code of Ethics — See Ch. 10.
Salaries and compensation — See Ch. 20.
[Adopted 12-13-1988 by L.L. No. 3-1988; amended in its entirety 12-11-1990 by L.L. No. 7-1990]
[Amended 2-24-1993 by L.L. No. 2-1993[1]]
A. 
In addition to the annual fixed salary paid to the Town Attorney of the Town of Frankfort for all his/her regularly performed duties, the Town Attorney shall receive additional compensation at the rate of $75 per hour, plus expenses and disbursements, for the following legal services performed on behalf of the Town of Frankfort:
(1) 
All litigation or proceedings brought by or against the Town of Frankfort in courts or agencies other than the Frankfort Town Justice's Court.
(2) 
All court appearances and appearances before agencies, except for the Frankfort Town Justice's Court.
(3) 
All negotiations in bringing about settlements in connection with Subsection A(1) and (2) above.
(4) 
All certiorari matters brought by litigation and negotiated settlement, except for the trials and proceedings forwarded to outside counsel.
(5) 
Appeals brought about or defended by the Town of Frankfort.
(6) 
All matters pertaining to the establishment, extension, consolidation and operation of special districts, and the compensation paid shall be assessed to the residents of the special district.
(7) 
All matters pertaining to applications for federal, state or other type grants and all matters pertaining to the projects developed with grant moneys in the Town of Frankfort.
(8) 
All matters pertaining to bonding except for work assigned to and completed by outside bond counsel.
B. 
The hourly fees for the legal services performed shall not exceed $30,000 per calendar year, and this Article shall expire on December 31, 1994.
[1]
Editor's Note: This local law was subject to permissive referendum, but no valid petition was filed as of 4-12-1993.
[Adopted 9-18-1990 by L.L. No. 4-1990]
As used in this Article, unless the context otherwise requires, the following terms shall have the meanings indicated:
EMPLOYEE
Any person holding a position by election, appointment or employment in the service of the Town of Frankfort, 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, if applicable.
A. 
Upon compliance by the employee with the provisions of § 17-5 of this Article, the Town of Frankfort shall provide for the defense of the 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 employee was acting in the scope of his public employment and duties. This duty to provide for a defense shall not arise where such civil action or proceeding is brought by or on behalf of the State of New York or the Town of Frankfort.
B. 
Subject to the conditions set forth in Subsection A of this section, the employee shall be entitled to be represented by the Town Attorney; provided, however, that the employee shall be entitled to representation by private counsel in any civil judicial proceeding whenever the Town Attorney determines, based upon his investigation and review of the facts and circumstances of the case, that representation by the Town Attorney would be inappropriate or whenever a court of competent jurisdiction, upon appropriate motion or by a special proceeding, determines that a conflict of interest exists and that the employee is entitled to be represented by private counsel. The Town Attorney shall notify the employee in writing of such determination that the employee is entitled to be represented by private counsel. The Town 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. If the employee or group of employees is entitled to representation by private counsel under the provisions of this section, the Town Attorney shall so certify to the Town Board. Reasonable attorney's fees and litigation expenses shall be paid by the Town of Frankfort to such private counsel from time to time during the pendence of the civil action or proceeding, subject to certification that the employee is entitled to representation under the terms and conditions of this section by the head of the department, commission, office or agency in which such employee is employed and upon the audit and warrant of the Town Board. Any dispute with respect to representation of multiple employees by a single counsel or the amount of litigation expenses or the reasonableness of attorney's fees shall be resolved by the court upon motion or by way of special proceeding.
C. 
Where the employee delivers process and a request for a defense to the Town Attorney as required by § 17-5 of this Article, the Town Attorney shall take the necessary steps, including the retention of private counsel under the terms and conditions provided in Subsection B of this section of this Article, on behalf of the employee to avoid entry of a default judgment pending resolution of any questions pertaining to the obligation to provide for a defense.
A. 
The Town of Frankfort shall indemnify and save harmless its employees in the amount of any judgment obtained such employees in any 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 settlement arose occurred while the employee was acting within the scope of his public employment and duties. 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.
B. 
An employee represented by private counsel shall cause to be submitted to the Town Board any proposed settlement which may be subject to indemnification by the town, and if not inconsistent with the provisions of this Article, such Town Board shall certify such settlement and submit such settlement and certification to the Town Attorney. The Town Attorney shall review such proposed settlement as to form and amount and shall give his approval if, in his judgment, the settlement is in the best interest of the town. Nothing in this section shall be construed to authorize the Town of Frankfort to indemnify or save harmless any employee with respect to a settlement not so reviewed and approved by the Town Attorney.
C. 
Nothing in this section shall authorize the Town of Frankfort 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 of the State of New York.
D. 
Upon entry of a final judgment against the employee or upon the settlement of the claim, the 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 Town Board, and if not inconsistent with the provisions of this Article, such judgment or settlement shall be certified for payment by such Town Board. If the Town Attorney concurs in such certification, the judgment or settlement shall be paid.
The duty to defend or indemnify and save harmless prescribed by this Article shall be conditioned upon:
A. 
Delivery to the Town Attorney or his designee at the office of the Town Attorney of the Town of Frankfort by the employee of the original or a copy of any summons, complaint, process, notice, demand or pleading within five working days after he is served with such document.
B. 
The full cooperation of the employee in the defense of such action or proceeding and in defense of any action or proceeding against the town based upon the same act or omission and in the prosecution of any appeal. Such delivery shall be deemed a request by the employee that the town provide his defense pursuant to this Article.
The benefits of this Article shall inure only to employees as defined herein and shall not enlarge or diminish the rights of any other party, nor shall any provisions of this Article be construed to affect, alter or repeal any provisions of the Workers' Compensation Law.
This Article shall not in any way affect the obligation of any claimants to give notice to the Town of Frankfort under § 50-e of the General Municipal Law or any other provision of law.
The provisions of this Article shall not be construed to impair, alter, limit or modify the rights and obligations of any insurer under any policy of insurance.
The provisions of this Article shall apply to all actions and proceedings instituted after October 1, 1990.
Except as otherwise specifically provided by this Article, the provisions of this Article 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 town or any right to defense and/or indemnification provided for any municipal officer or employee by, in accordance with or by reason of any provision of state, federal or local statute or common law.