[HISTORY: Adopted by the Board of Trustees of the Village of Scarsdale 6-23-1998
by L.L. No. 8-1998. Amendments noted where applicable.]
GENERAL REFERENCES
Officers and employees — See Ch. 72.
In 1983 the Board of Trustees of the Village of Scarsdale recognized
the increasing litigation exposure faced by public employees and officers
and conferred the defense and indemnification benefits contained in § 18
of the Public Officers Law on Scarsdale public officials and employees on
July 19 of that year by a unanimously adopted resolution. By resolution adopted
September 10, 1985, the Board extended the indemnification protection to include
actions brought under Sections 1981 and 1983 of the United States Civil Rights
Act. The Board of Trustees wishes to reaffirm and codify those actions and
to provide additional indemnification and defense protection pursuant to law.
The full benefits of § 18 of the Public Officers Law shall apply to public officials and employees of the Village of Scarsdale and the Village of Scarsdale shall be held liable for the costs incurred under the provisions of that section, as well as the costs incurred under § 87-3 of this chapter.
The village will provide for the defense of any village 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 village 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, including punitive and
exemplary damages, provided that in the case of a settlement the duty to indemnify
and save harmless shall be conditioned upon approval of the amount of the
settlement by the Board of Trustees. 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 or her
public employment, powers or duties. The provision 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.
