[Adopted 1-13-1981 by L.L. No. 1-1981 (Ch.
16A of the 1974 Code); amended in its entirety 6-16-2009 by L.L. No. 4-2009]
The Chief of Police of the Town of Clarkstown, whenever he deems
that the public interest requires it, may request the Chief of Police
of any other state or local government to detail, assign, make available
for duty and use in the Town of Clarkstown any part of the forces,
equipment and supplies of the Police Department, police force or parkway
police force of the state or local government of which the request
is made.
The Chief of Police of the Town of Clarkstown Police Department
is hereby authorized to provide the assistance of the regularly employed
law enforcement officers, equipment and/or supplies of the Town of
Clarkstown to any state or local government requesting such assistance
to aid in coping with situations where there exists in such other
municipality a need for the services of additional law enforcement
officers, their equipment and/or supplies to protect the health, life
and property of such other municipality, its inhabitants and the visitors
thereto.
The assistance offered shall be in accordance with the provisions
of § 209-m of the General Municipal Law of the State of
New York.
[Adopted 6-11-1996 by L.L. No. 9-1996;
amended in its entirety 6-16-2009 by L.L. No. 4-2009]
For the purposes of this article, the following terms shall
have the meanings indicated:
MEMBER
Any active sworn officer of the authorized police force of
the Town of Clarkstown.
Subject to the conditions set forth in this article, the member
shall be represented by the Town Attorney or an attorney employed
or retained by the Town for the defense of the member. The Town Attorney
shall employ or retain any private attorney for the defense of the
member whenever the Town Attorney determines, based upon an investigation
and review of the facts and circumstances of each individual case,
that representation by the Town Attorney would be inappropriate.
If a member is entitled to representation by private counsel, pursuant to §
45-8 of this article, the Town Attorney shall notify the member of such determination.
A. The
member shall be entitled to select an attorney of choice as private
counsel, provided that:
(1) The Town Attorney, upon review of the credentials of said attorney,
approves said attorney as qualified to litigate such matters;
(2) The Town Attorney approves in advance the fee to be paid for such
representation; and, provided further,
(3) That no attorney with interests adverse to or in conflict with the
Town be selected or permitted to represent members covered by this
article. It shall be the responsibility of the Town Attorney to determine
when an adverse interest exists which would cause the disqualification
of any attorney. Reasonable attorney's fees as determined by
the Town Attorney 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. Payment of such fees and
expenses shall be made in the same manner as other claims and expenses
of the Town.
B. Where the member delivers process and a request for defense to the Town Attorney as required by §
45-10 of this article, the Town Attorney shall take all necessary steps on behalf of the member to avoid entry of a default judgment, pending resolution of any question relating to the obligation of the Town to provide a defense.