[HISTORY: Adopted by the City Council of the City of Auburn 3-28-1991 by L.L. No. 2-1991 as Ch. 4, Art. IV of the 1991 Code. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
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 a City of Auburn, 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.
Upon compliance by the employee with the provisions of this chapter, the City of Auburn shall provide for the defense of the employee in any civil action or proceeding, state or federal, including the provisions of §§ 1981 and 1983 of Title 42 of the United States Code, arising out of any alleged act or omission which occurred or allegedly occurred while the employee was acting within the scope of his public employment or duties. This duty to provide for a defense shall not arise where such civil action or proceeding is brought by or at the behest of the City of Auburn employing such employee.
A. 
Subject to the conditions set forth in this chapter, the employee shall be entitled to be represented by private counsel of his choice in any civil action or proceeding whenever the Corporation Counsel of the City of Auburn or other counsel designated by the City of Auburn determines that a conflict of interest exists or whenever a court, upon appropriate motion or otherwise by a special proceeding, determines that a conflict of interest exists and that the employee is entitled to be represented by counsel of his choice; provided, however, that the Corporation Counsel or other counsel designated by the City of Auburn may require, as a condition to payment of the fees and expenses of such representation, that appropriate groups of such employees be represented by the same counsel. Reasonable attorneys' fees and litigation expenses shall be paid by the City of Auburn to such private counsel from time to time during the pendency of the civil action or proceeding with the approval of the City Council of the City of Auburn.
B. 
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.
A. 
Avoidance of default judgment. Where the employee delivers process and a written request for a defense to the City of Auburn under this chapter, the City of Auburn shall take the necessary steps 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.
B. 
Indemnification. The City of Auburn shall indemnify and save harmless its employees in the amount of any judgment obtained against such employees in a state or federal court, or in the amount of any settlement of a claim, provided that the act or omission from which such judgment or claim arose occurred while the employee was acting within the scope of his public employment or duties, provided further that in the case of a settlement the duty to indemnify and save harmless shall be conditioned upon the approval of the amount of settlement by the City Council of the City of Auburn.
C. 
Exception. Except as otherwise provided by law, the duty to indemnify and save harmless prescribed by this chapter shall not arise where the injury or damage resulted from intentional wrongdoing or recklessness on the part of the employee.
D. 
Punitive damages. Nothing in this chapter shall authorize the City of Auburn 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 § 51 of the General Municipal Law; provided, however, that the City of Auburn shall indemnify and save harmless its employees in the amount of any costs, attorneys' fees, damages, fines or penalties which may be imposed by reason of an adjudication that an employee, acting within the scope of his public employment or duties, has, without willfulness or intent on his part, violated a prior order, judgment, consent decree or stipulation entered in any court of this state or of the United States.
E. 
Service of copy of judgment or settlement. Upon entry of a final judgment against the employee, or upon the settlement of the claim, the employee shall serve a copy of such judgment or settlement, personally or by certified or registered mail, within 30 days of the date of entry or settlement, upon the City Manager of the City of Auburn, and if not inconsistent with the provisions of this chapter the amount of such judgment or settlement shall be paid by the City of Auburn.
F. 
Duty to defend; conditions. The duty to defend or indemnify and save harmless prescribed by this chapter shall be conditioned upon:
(1) 
Delivery by the employee to the Corporation Counsel of the City of Auburn or its City Manager 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
(2) 
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 Auburn 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.
A. 
City may procure insurance. The City of Auburn 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. 
Purpose. 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.
C. 
Rights and obligations. 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.
A. 
Immunities and liabilities. 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 to liability available to or conferred upon any unit, entity, officer or employee of any City of Auburn by, in accordance with, or by reason of any other provision of state or federal statutory or common law.
B. 
Benefits to be in lieu of other protection; exceptions. Except as otherwise provided in this chapter, benefits accorded to employees under this chapter shall be in lieu of and take the place of defense or indemnification protections accorded the same employees by another enactment, unless the City Council of the City of Auburn shall have provided that these benefits shall supplement, and be available in addition to, defense or indemnification protection conferred by another enactment.