[HISTORY: Adopted by the Town Board of the
Town of Webster 4-9-1981 as L.L. No. 1-1981 (Ch. 15 of the 1991
Code). 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 town, but shall not include a volunteer
or an independent contractor. The term "employee" shall include a
former employee, his estate or judicially appointed personal representative.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
The Town of Webster.
A.
Upon compliance by the employee with the provisions of § 56-9 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 the town does
not have a Town Attorney; 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
a court of competent jurisdiction determines that a conflict of interest
exists and that the employee cannot be represented by the Town Attorney.
Reasonable attorney's 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 § 56-9 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.
[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 Town Attorney or, if none,
to the Town Supervisor of a written request to provide for his defense,
together with 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 upon 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.
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 provision 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 the 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.
Except 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.
