[HISTORY: Adopted by the Town Board of the Town of Washington 6-12-1980 by L.L. No. 2-1980. Amendments noted where applicable.]
As used in this chapter, unless the context otherwise requires:
Any person holding a position by election, appointment or
employment in the service of the Town, 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 Town of Washington.
A.
Upon compliance by the employee with the provisions of § 24-3 of this chapter, the Town 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 Town.
B.
Subject to the conditions set forth in this chapter, the employee
shall be represented by the Town Attorney or an attorney employed
or retained by the Town for the defense of the employee. The Town
Board shall employ or retain an attorney for the defense of the employee
whenever 1) the Town does not have a Town Attorney, 2) the Town Board
determines, based upon its investigation and review of the facts and
circumstances of the case, that representation by the Town Attorney
would be inappropriate or 3) a court of competent jurisdiction determines
that a conflict of interest exists and that the employee cannot be
represented by the Town Attorney. Reasonable attorneys' fees and litigation
expenses shall be paid by the Town to such attorney employed or retained,
from time to time, during the pendency of the civil action or proceeding
subject to certification by the Town Supervisor 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 Town. Any dispute
with respect to representation of multiple employees by the Town 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 Town Attorney or the Town Supervisor as required by § 24-3 of this chapter, the Town Attorney or the Supervisor, 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 Town to provide a defense.
A.
The duties to defend provided in this chapter shall be contingent
upon:
(1)
Delivery to the Town Attorney or, if none, to the Town Supervisor
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;
and
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(2)
The full cooperation of the employee in the defense of such action
or proceeding and defense of any action or proceeding against the
Town 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
Town 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 Town 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.
[Added 10-11-1990 by L.L.
No. 4-1990; amended at time of adoption of Code
(see Ch. 1, General Provisions, Art. I)]
The Town Board hereby adopts § 18 of the Public Officers
Law and confers the benefits thereof upon all Town employees.
This chapter shall take effect upon filing in the office of
the Secretary of State pursuant to § 27 of the Municipal
Home Rule Law.
