[HISTORY: Adopted by the Town Board of the Town of Irondequoit 7-2-1981
as L.L. No. 9-1981. Amendments noted where applicable.]
GENERAL REFERENCES
Attorney — See Ch. 5.
Officers and employees — See Ch. 40.
As used in this chapter, unless the context requires otherwise, 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 an independent contractor.
The term "employee" shall include a former employee, his or her estate or
judicially appointed personal representative.
[1]The Town of Irondequoit.
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.
A.
Upon compliance by the employee with the provisions of § 16-4 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 or her 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 wherever:
(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.
C.
Reasonable attorney 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.
D.
Where the employee delivers process and a request for a defense to the Town Attorney or the Town Supervisor as required by § 16-4 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.
The duties to defend provided in this chapter shall be contingent upon:
A.
[1]Delivery to the Town Attorney or, if none, to the Town Supervisor
of the original or a copy of any summons, complaint and process, notice, demand
or pleading within 10 days after he or she is served with such document; and
B.
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. Such delivery shall be deemed a request by the employee that the town
provide for his or her defense pursuant to this chapter, unless the employee
shall state, in writing, that a defense is not requested.
A.
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.
B.
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, as amended or changed, 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.
