As used in this section, unless the context otherwise requires:
CITY OF PLATTSBURGH
The City of Plattsburgh its departments and agencies, and:
A.
A public improvement or special district created or established
by the City of Plattsburgh;
B.
A public authority, committee, commission, agency or public
benefit corporation established by the City of Plattsburgh;
C.
A public benefit corporation, or a not for profit corporation,
established by or at the request of the City of Plattsburgh that provides
services to the City of Plattsburgh such as the administration of
government loans, grants, and other benefits.
EMPLOYEE
Any commissioner, member of a public board or commission,
trustee, director, officer, employee, volunteer expressly authorized
to participate in a publicly sponsored volunteer program, or any other
person holding a position by election, appointment or employment in
the service of the City of Plattsburgh, whether or not compensated,
but shall not include an independent contractor. The Corporation Counsel
is an officer of the City of Plattsburgh and not an independent contractor
when providing legal services to or on behalf of the "City of Plattsburgh"
regardless of the method of compensation. The term "employee" shall
include a former employee, his estate or judicially appointed personal
representative.
The City of Plattsburgh 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 Corporation Counsel:
A. Within 20 days of an employee's delivery of a summons or complaint,
process, notice, demand or pleading containing a demand for punitive
damages, the Corporation Counsel shall make findings and an initial
determination whether the employee should or should not be indemnified
against any punitive damages, based upon the facts and circumstances
then known to the Corporation Counsel as follows:
(1) Whether the employee's actions were or were not within the scope
of his employment.
(2) Whether the employee's actions were or were not reckless, malicious,
grossly negligent or otherwise outside of the standards required for
employees holding comparable positions with the City of Plattsburgh.
(3) Whether the employee's actions were or were not made in good
faith and in the best interests of the City of Plattsburgh.
(4) Whether the employee did or did not willfully violate a clearly established
provision of law or municipal policy.
B. In the event the Corporation Counsel is a named defendant in an action
or proceeding or cannot serve for any other reason, the Mayor, pursuant
to the authority given him under the City Charter, or the Common Council
by resolution, shall appoint or retain counsel to serve instead of
the Corporation Counsel on the matter under review.
C. 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 Corporation Counsel and upon the municipal Clerk on behalf
of the municipal governing body. The municipal governing body shall
meet as soon as practicable in executive session to review, make findings
taking into consideration and giving weight to the initial and any
additional findings made by the Corporation Counsel (provided the
employee did not formerly misrepresent or omit material facts evidenced
at trial), and determine if 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:
(b)
Without maliciousness; and
(c)
Without gross negligence and otherwise within the standards
required for employees holding comparable positions with the City
of Plattsburgh;
(3) At the time of the act or omission, the employee acted in good faith
and in the best interests of the City of Plattsburgh; and
(4) At the time of the act or omission, the employee did not willfully
violate a clearly established provision of law or municipal policy.
D. Deliberations, findings and determinations of the Corporation Counsel
and the Common Council shall remain confidential.
The duty to defend or indemnify and save harmless prescribed
by this chapter shall be conditioned upon:
A. Delivery by the employee to the Corporation Counsel of a written
request to provide for his/her defense together with the original
or a copy of any summons, complaint, process, notice, demand or pleading
within 10 days after he/she 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
City of Plattsburgh based upon the same act or omission, and in the
prosecution of any appeal.
The benefits of this chapter shall 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 provision of the Workers' Compensation
Law.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
This chapter shall not in any way affect the obligation of any
claimant to give notice to the City of Plattsburgh under the Court
of Claims Act, § 10; General Municipal Law § 50-e
or any other provision of law.
A. The Mayor is hereby authorized and empowered to purchase insurance
from any insurance company created by or under the laws of this state,
or authorized by law to transact business in this state, against any
liability imposed by the provisions of this chapter, or to act as
a self-insurer with respect thereto.
B. All payments made under the terms of this chapter, whether for insurance
or otherwise, shall be deemed to be for a public purpose and shall
be audited and paid in the same manner as other public charges. 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.