The Town Board hereby adopts § 18 of the Public Officers
Law and confers the benefits thereof upon all Town officers and employees.
The Town 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 Sections 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.
[Added 1-19-2000 by L.L. No. 1-2000]
The Town shall also indemnify and save harmless its employees
in the amount of any punitive damages in accordance with the following
procedure and such additional procedures as may be established by
the Town Attorney:
A. In
the event of a final judgment of punitive damages against the employee,
the employee shall serve copies of such judgment personally or by
certified or registered mail within 10 days of the date of entry upon
the Town Attorney and upon the Town Clerk on behalf of the Town Board.
The Town Board shall meet as soon as practicable to review, make findings
and determine if all the following have been met and, if so met, shall
appropriate the funds necessary to pay such punitive damages:
(1) The judgment of punitive damages is based on an act or omission of
an employee acting within the scope of his/her employment.
(2) At the time of the action or omission giving rise to the liability,
the employee acted without recklessness, without maliciousness and
without gross negligence and otherwise within the standards required
for employees holding comparable positions within the Town.
(3) At the time of the act or omission, the employee acted in good faith
and in the best interests of the Town.
(4) At the time of the act or omission, the employee did not willfully
violate a clearly established provision of law or Town policy.
B. Except
as otherwise required by federal or state law, deliberations by the
Town Board shall be held in executive session, and the findings and
determinations of the Town Board shall remain confidential.