As used in this chapter, the following term shall have the meaning
indicated:
EMPLOYEE
Unless the context otherwise requires, any person holding
a position by election, appointment or employment in the service of
the Village of Muttontown, 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.
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.
Subject to the conditions set forth in §
46-2 of this chapter, the employee shall be entitled to be represented by the Village Attorney; provided, however, that the employee shall be entitled to representation by private counsel of his choice in any civil judicial proceeding whenever the Village Attorney determines, based upon his investigation and review of the facts and circumstances of the case, that representation by the Village 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 of his choice. The Village Attorney shall notify the employee, in writing, of such determination that the employee is entitled to be represented by private counsel.
The Village Attorney may require, as a condition to payment of the fees and expenses of such representation by private counsel, 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 §
46-3 of this chapter, the Village Attorney shall so certify to the Village Treasurer. Reasonable attorneys' fees and litigation expenses shall be paid by the Village to such private counsel from time to time during the pendency of the civil action or proceeding, subject to certification that the employee is entitled to representation under the terms and conditions of §
46-3 of this chapter by the head of the department, commission, division, office or agency in which such employee is employed and upon the audit and warrant of the Village Treasurer. Any dispute with respect to representation of multiple employees by a single counsel or the amount of litigation expenses or the reasonableness of attorneys' fees shall be resolved by the court upon motion or by way of a special proceeding.
Where the employee delivers process and a request for a defense to the Village Attorney, as required by §
46-2 of this chapter, the Village Attorney shall take the necessary steps, including the retention of private counsel, under the terms and conditions therein provided on behalf of the employee to avoid entry of a default judgment pending resolution of any question pertaining to the obligation to provide for a defense.
Nothing in this chapter shall authorize the Village 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 General Municipal Law § 51.
The Board of Trustees may, by resolution, undertake to purchase
liability insurance for its officers and employees for acts within
the purview of this chapter.
Pursuant to the provisions of § 18 of the Public Officers Law, the Incorporated Village of Muttontown hereby agrees to be held liable for costs incurred under the provisions of said section, by conferring upon the officers and employees of the Incorporated Village of Muttontown the benefits of § 18 of the Public Officers Law. Such benefits shall supplement and shall be available in addition to the defense or indemnification protection conferred by Chapter
46, §§
46-1 through
46-11 of the Code of the Incorporated Village of Muttontown.