[HISTORY: Adopted by the Town Board of the Town of DeWitt as indicated
in article histories. Amendments noted where applicable.]
[1]
Editor's Note: This local law also superseded former Art. I,
Defense and Indemnification, adopted 7-27-1981 by L.L. No. 1-1981.
As used in this article, unless the context otherwise requires, the
following terms shall have the meanings indicated.
- EMPLOYEE
- Any commissioner, member of a public board or commission, trustee, director, officer, employee and/or 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 a public entity, whether or not compensated, but shall not include the Sheriff of any county or an independent contractor. The term "employee" shall include a former employee, his estate or judicially appointed personal representative.
- GOVERNING BODY
- The board or body in which the general legislative, governmental or public powers of the public entity are vested and by authority of which the business of the public entity is conducted.
- PUBLIC ENTITY
- A county, city, town, village or any other political subdivision or civil division of the state, a school district, board of cooperative educational services or any other governmental entity or combination or association of governmental entities operating a public school, college, community college or university, a public improvement or special district, a public authority, commission, agency or public benefit corporation or any other separate corporate instrumentality or unit of government, but shall not include the State of New York or any other public entity, the officers and employees of which are covered by § 17 of the Public Officers Law or by defense and indemnification provisions of any other state statute taking effect after January 1, 1979.
The provisions of this article shall apply to any public entity:
A.
Whose governing body has agreed by the adoption of local
law, bylaw, resolution, rule or regulation to confer the benefits of this
article upon its employees and to be held liable for the costs incurred under
these provisions; or
B.
Where the governing body of a municipality for whose
benefit the public entity has been established has agreed by the adoption
of local law or resolution to confer the benefits of this section upon the
employees of such public entity and to be held liable for the costs incurred
under these provisions.
A.
Upon compliance by the employee with the provisions of § 30-5 of this article, the public entity shall provide for the defense of the employee in any civil 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 public employment or duties. This duty to provide for a defense shall not arise where such civil action or proceeding is brought by or at the behest of the public entity employing such employee.
B.
Subject to the conditions set forth in Subsection A of this section, the employee shall be entitled to be represented by private counsel of his choice in any civil action or proceeding whenever the chief legal officer of the public entity or other counsel designated by the public entity determines that a conflict of interest exists or whenever a court, upon appropriate motion or otherwise by a special proceeding, determines that a conflict of interest exists and that the employee is entitled to be represented by counsel of his choice; provided, however, that the chief legal officer or other counsel designated by the public entity may require, as a condition to payment of the fees and expenses of such representation, that appropriate groups of such employees be represented by the same counsel. Reasonable attorneys' fees and litigation expenses shall be paid by the public entity to such private counsel from time to time during the pendency of the civil action or proceeding with the approval of the governing body of the public entity.
C.
Any dispute with respect to representation of multiple
employees by a single counsel or the amount of litigation expenses or the
reasonableness of attorneys' fees shall be resolved by the court upon
motion or by way of a special proceeding.
D.
Where the employee delivers process and a written request for a defense to the public entity under § 30-5 of this article, the public entity shall take the necessary steps on behalf of the employee to avoid entry of a default judgment pending resolution of any question pertaining to the obligation to provide for a defense.
A.
The public entity shall indemnify and save harmless its
employees in the amount of any judgment obtained against such employees in
a state or federal court or in the amount of any settlement of a claim, provided
that the act or omission from which such judgment or claim arose occurred
while the employee was acting within the scope of his public employment or
duties; provided, further, that, in the case of a settlement, the duty to
indemnify and save harmless shall be conditioned upon the approval of the
amount of settlement by the governing body of the public entity.
B.
Except as otherwise provided by law, the duty to indemnify
and save harmless prescribed by this section shall not arise where the injury
or damage resulted from intentional wrongdoing or recklessness on the part
of the employee.
C.
Nothing in this section shall authorize a public entity
to indemnify or save harmless an employee with respect to punitive or exemplary
damages, fines or penalties or money recovered from an employee pursuant to
§ 51 of the General Municipal Law; provided, however, that the public
entity shall indemnify and save harmless its employees in the amount of any
costs, attorneys' fees, damages, fines or penalties which may be imposed
by reason of an adjudication that an employee, 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.
D.
Upon entry of a final judgment against the employee or
upon the settlement of the claim, the employee shall serve a copy of such
judgment or settlement, personally or by certified or registered mail, within
thirty (30) days of the date of entry or settlement, upon the chief administrative
officer of the public entity; and if not inconsistent with the provisions
of this section, the amount of such judgment or settlement shall be paid by
the public entity.
The duty to defend or indemnify and save harmless prescribed by this
article shall be conditioned upon delivery by the employee to the chief legal
officer of the public entity or to its chief administrative officer of a written
request to provide for his defense, together with the original or a copy of
any summons, complaint, process, notice, demand or pleading, within ten (10)
days after he is served with such document and the full cooperation of the
employee in the defense of such action or proceeding and in defense of any
action or proceeding against the public entity based upon the same act or
omission and in the prosecution of any appeal.
The benefits of this article shall inure only to employees as defined
herein and shall not enlarge or diminish the rights of another party nor shall
any provision of this section be construed to affect, alter or repeal any
provision of the Workers' Compensation Law.
This article shall not in any way affect the obligation of any claimant
to give notice to the public entity under Section 10 of the Court of Claims
Act, § 50-e of the General Municipal Law or any other provision
of law.
Any public entity 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 article or to act as a self-insurer with respect thereto.
All payments made under the terms of this article, 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.
A.
The provisions of this article shall not be construed
to impair, alter, limit or modify the rights and obligations of any insurer
under any policy of insurance.
B.
Except as otherwise specifically provided in this article,
the provisions of this article 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 any public entity
by, in accordance with or by reason of any other provision of state or federal
statutory or common law.
C.
Except as otherwise provided in this article, benefits
accorded to employees under this article shall be in lieu of and take the
place of defense or indemnification protections accorded the same employees
by another enactment, unless the governing body of the public entity shall
have provided that these benefits shall supplement and be available in addition
to defense or indemnification protection conferred by another enactment.
The provisions of this article shall also be applicable to any public
library supported in whole or in part by a public entity whose governing body
has determined by adoption of a local law, ordinance, bylaw, resolution, rule
or regulation to confer the benefits of this article upon the employees of
such public library and to be held liable for the cost incurred under these
provisions.
The benefits of this article shall be extended to an employee of a negotiating
unit for which an agreement has been negotiated pursuant to Civil Service
Law, Article 14, only if such agreement expressly so provides.
[1]
Editor's Note: This local law supersedes former Art. II, Residency
Requirements, adopted 6-10-1985, and former Art. III, Residency Exemption,
adopted 10-16-1995.
This article shall supersede all other residency laws of the Town of
DeWitt unless preempted by state law.
As used in this article, the following terms shall have the meanings
indicated:
- EMPLOYEE
- Any full- or part-time employee of the town of DeWitt and for the purpose of this article, shall include temporary and seasonal employees. Also included in this definition are appointed department heads, including the Assessor, the Director of Parks and Recreation, the Water Superintendent, the Commissioner of Development and Operations and the Commissioner of Police and Public Safety and the appointed Town officers, the Town Attorney and the Town Comptroller.
A.
Any employee of the Town of DeWitt must reside within
the Town, or within any contiguous town or the City of Syracuse if that employee's
position requires a response to a Town facility within a certain time period.
The Town Board shall make this determination by resolution with the advice
of the department head.
B.
All other Town employees must live in Onondaga County
or in any contiguous county.
The Town Board in its discretion may grant exceptions to this article.
Application must first be made to the Personnel Committee, which shall forward
the application to the Town Board only if it is sworn to or affirmed and meets
one of the following two requirements:
A Town resident shall receive preference in hiring if the Town determines
that the applicant is equally qualified for the position applied for.
This section does not apply to elected officials or appointed officials
of any Town Board or Commission, including but not limited to the Planning
Board, the Zoning Board, the Board of Assessment Review, the Recreation Commission,
the Advisory Conservation Commission or the Police Commission.
