[HISTORY: Adopted by the Town Board of the Town of Islip 7-7-87 as Local Law No. 6, 1987.[1] Amendments noted where applicable.]
[1]
Editor's Note: This local law also superseded Former Ch. 24, Defense of Officers and Employees, adopted 8-19-80 as L.L. No. 17, 1980, as amended.
This local law shall be known as "Legal Defense of Town Officers, Employees and Appointed Volunteers."
As used in this local law, unless the context otherwise requires, the following terms shall have the meanings indicated:
AGENCY EMPLOYEE
Any person holding a position as an officer, director, trustee or salaried employee, which position was appointed by the Board of one (1) of the following youth service agencies: West Islip Youth Enrichment Services (Y.E.S.), Central Islip Youth Development Corporation, Brentwood Youth Development Corporation, Holbrook Youth Development Corporation, Connetquot Youth Development Corporation, Bay Shore Citizens Concerned for Youth and Islip-East Islip Youth Development Corporation.
APPOINTED VOLUNTEER
Any person holding a position of appointment, pursuant to Town Board resolution, who is not an employee as therein defined; or any person holding a volunteer participation agreement with the Commissioner of Human Resources for transportation or outreach services, who is not an employee as herein defined.
EMPLOYEE
Any person holding a position by election, appointment or employment in the service of the Town, but shall not include a volunteer; any person not compensated for his services; or an independent contractor. The term "employee" shall include a former employee, his estate or judicially appointed personal representative.
A. 
Upon compliance by the employee, agency employee or appointed volunteer with the provisions of § 24-4 of this local law, the Town shall provide for the defense of the employee, agency employee or appointed volunteer in the 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. The Town shall further provide for the defense of the employee, agency employee or appointed volunteer in the amount of any judgment or settlement of claim obtained against such employee, agency employee or appointed volunteer. Such legal defense and indemnification shall be provided where the employee, agency employee or appointed volunteer, at the time of such alleged act or omission, was acting in good faith and within the scope of his employment, powers and 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 local law, the employee, agency employee or appointed volunteer shall be represented by the Town Attorney or an attorney retained by the Town for the defense of the employee, agency employee or appointed volunteer. The Town Board shall employ or retain an attorney for the defense of the employee, agency employee or appointed volunteer whenever 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, agency employee or appointed volunteer 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, agency employee or appointed volunteer is entitled to representation under the terms and conditions of this local law. 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, agency employees or appointed volunteers 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, agency employee or appointed volunteer delivers process and a request for a defense to the Town Attorney as required by § 24-4 of this local law, the Town Attorney may 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, agency employee or appointed volunteer 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 local law shall be contingent upon delivery to the Town Attorney of the original or a copy of any summons, complaint, process, notice, demand or pleading within five (5) days after he is served with such document and the full cooperation of the employee, agency employee or appointed volunteer 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, agency employee or appointed volunteer that the Town provide for his defense pursuant to this local law, unless the employee, agency employee or appointed volunteer shall state in writing that a defense is not requested.
A. 
The benefits of this local law will inure only to the employees, agency employees and appointed volunteers as defined herein and shall not enlarge or diminish the rights of any other party nor shall any provision of this local law be construed to affect, alter or repeal any provisions of the Workers' Compensation Law.
B. 
The benefits of this local law 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.
C. 
The provisions of this local law shall not be construed to impair, alter, limit or modify the rights and obligations of any insurer under any policy of insurance.
D. 
As otherwise specifically provided in this local law, the provisions of this local law 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, agency employee or appointed volunteer of the Town or any right to defense by, in accordance with or by reason of any other provision of state or federal statutory or common law.
E. 
The provisions of this local law shall apply to all actions and proceedings specified herein which have been commenced, instituted or brought on or after the effective date of this local law.
This local law shall take effect immediately upon filing in the office of the Secretary of State.