As used in this chapter, unless the context
otherwise requires:
CITY
The City of New Rochelle, its departments and agencies.
EMPLOYEE
Any commissioner, member of a public board or commission,
trustee, director, officer, employee, volunteer expressly authorized
to participate in a publicly sponsored volunteer program or any other
person holding a position by election, appointment or employment in
the service of the City, whether or not compensated. The term "employee"
shall include a former employee, his/her estate or judicially appointed
personal representative.
Upon compliance by the employee with the provisions of §
29-4 of this chapter, the City shall provide for the defense of the employee in any civil administrative action or proceeding, state or federal, arising out of any alleged act or omission which occurred or allegedly occurred while the employee was acting within the scope of his/her public employment or duties. This duty to provide for a defense shall not arise where such civil administrative action or proceeding is brought by or at the behest of the City.
The duty to defend or indemnify and save harmless
prescribed by this chapter shall be conditioned upon:
A. Delivery by the employee to the Corporation Counsel
of a written request to provide for his/her defense, together with
the original or a copy of any summons, complaint, process, notice,
demand or pleading, within 10 days after he/she is served with such
document.
B. The full cooperation of the employee in the defense
of such action or proceeding and in defense of any action or proceeding
against the City based upon the same act or omission and in the prosecution
of any appeal.
The City Manager is hereby authorized and empowered
to purchase insurance from any insurance company created by or under
the laws of this state or authorized by law to transact business in
this state, against any liability imposed by the provisions of this
chapter, or to act as a self-insurer with respect thereto.
All payments made under the terms of this chapter,
whether for insurance or otherwise, shall be deemed to be for a public
purpose and shall be audited and paid in the same manner as other
public charges.
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.
Except 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 to liability available to or conferred upon any unit, entity,
officer or employee of the City by, in accordance with, or by reason
of, any other provision of state or federal statutory or common law.
Benefits accorded to employees under this chapter
shall be in supplement to defense or indemnification protection accorded
the same employees by other enactment.
This chapter shall apply to all actions or proceedings
in which final judgment has not yet been entered.