[HISTORY: Adopted by the Board of Trustees of the Village
of Clinton 10-4-1999 by L.L. No.
3-1999. Amendments noted where applicable.]
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" shall include a former employee, his
estate or judicially appointed personal representative.
The Village of Clinton.
A.
Upon compliance by the employee with the provisions of § 22-3, 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 or which is brought to enforce a provision of Title 42 of the United States Code. Such defense shall not be provided where such civil action or proceeding is brought by or on behalf of the Village against the employee.
B.
Subject to the conditions set forth in this chapter, the employee
shall be represented by an attorney employed or retained by the Village
for the defense of the employee. 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 Village Board 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 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 Mayor as required by § 22-3, the Village Board shall take the necessary steps, including the retention of an attorney under the terms and conditions provided in Subsection B, 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.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
The duties to defend provided in this chapter shall be contingent
upon delivery to the Village Mayor of the original or a copy of any
summons, complaint, process, notice, demand or pleading within 10
days after the employee is served with such document and 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.
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.
