[HISTORY: Adopted by the Board of Trustees of the Village
of Livonia 8-14-1985 by L.L. No.
2-1985. Amendments noted where applicable.]
GENERAL REFERENCES
Officers and employees — See Ch. 41.
As used in this chapter, unless the context otherwise requires,
the following terms shall have the meanings indicated:
Any person holding a position by election, appointment or
employment in the service of the Village, but shall not include a
volunteer, any person not compensated for his services or an independent
contractor. The term "employee" includes a former employee, his estate
or judicially appointed personal representative.
The Village of Livonia.
A.
Upon compliance by the employee with the provisions of § 16-3 of this chapter, the Village 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 or in good faith purporting to act within the scope of his public employment or duties. 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 employee
shall be represented by the Village Attorney or an attorney employed
or retained by the Village for the defense of the employee. The Board
of Trustees shall employ or retain an attorney for the defense of
the employee whenever the Village does not have a Village Attorney,
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 a court of competent
jurisdiction determines that a conflict of interest exists and that
the employee cannot be represented by the Village Attorney. Reasonable
attorney's 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 that the employee is entitled to representation under
the terms and conditions of this chapter. 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 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 the court.
C.
Where the employee delivers process and a request for a defense to the Village Attorney or the Mayor as required by § 16-3 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 employee to avoid entry of a default judgment, pending resolution of any question relating to the obligation of the Village to provide a defense.
A.
The duties to defend provided in this chapter shall be contingent
upon:
(1)
Delivery 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 is served with such document.[1]
(2)
The full cooperation of the 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.
B.
Such delivery shall be deemed a request by the employee that the
Village provide for his defense pursuant to this chapter, unless the
employee shall state in writing that a defense is not requested.
The benefits of this chapter will inure only to 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.
The benefits of this chapter shall be extended to an employee
of a negotiating unit for which an agreement has been negotiated pursuant
to Civil Service Law, Article 14, only if such agreement expressly
so provides.
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.
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.
The provisions of this chapter shall apply to all actions and
proceedings specified herein which have been commenced, instituted
or brought on or after the effective date of this chapter.
