[HISTORY: Adopted by the Town Board of the Town of Newstead 5-26-1992 by L.L. No. 5-1992 (Ch. 10 of the 1988 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Code of Ethics — See Ch. 23.
Written notice of defects required prior to action against Town — See Ch. 285.
This chapter shall be known as "Local Law No. 5 of the Year 1992," entitled "Defense and Indemnification of Officers and Employees of the Town of Newstead."
The purpose of this chapter is to provide legal and financial protection for various individuals serving the Town of Newstead (the "Town"), its boards, districts and other public entities from losses arising from actions which may be brought against them in their individual capacity as a result of their acting within the scope of their public employment or duties and to amend the Code of the Town by adding a new chapter entitled "Defense and Indemnification of Officers and Employees of the Town of Newstead" and codified as Chapter 17 of the Town of Newstead.
The Town Board of the Town of Newstead, on behalf of the Town of Newstead, its officers and employees, as defined in § 18 of the Public Officers Law of the State of New York, including its various improvement districts, special districts, commissions, agencies and corporations which the Town Board appoints or funds, does hereby determine:
A. 
To confirm the benefits of § 18 of the Public Officers Law of the State of New York, as amended, upon the employees and officers of the Town and these districts, commissions, agencies and corporations.
B. 
That the Town and/or the districts shall be held liable for the costs incurred under these provisions.
A. 
The Town shall indemnify and save harmless its employees and officers of the Town in the amount of any costs, attorneys fees, damages, fines or penalties which may be imposed by reason of an adjudication that an employee or officer, 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 of settlement entered in any court of this state or of the United States.
B. 
The Town shall provide for the defense of any Town officer or employee in any civil action or proceeding arising out of any alleged act or omission in which it is alleged that the officer or employee has violated the civil rights of the claimant, petitioner or plaintiff under Sections 1981 and 1983 of the United States Civil Rights Act. The Town shall indemnify and save harmless such officer or employee in the amount of any judgment or settlement of claim obtained against such officer or employee. Such legal defense and indemnification shall be provided where the officer or employee at the time of such alleged act or omission was acting in good faith and within the scope of his public employment, powers or duties. The provisions of this section shall be in addition to any other statute, local law or enactment providing legal defense and indemnification in civil actions brought against such officer or employee.
The benefits under § 18 of the Public Officers Law shall supplement and be available in addition to defense and indemnification protections conferred by any other provision or enactment.