[HISTORY: Adopted by the Board of Trustees
of the Village of Woodsburgh 3-20-1989 as L.L. No. 3-1989. Amendments noted where applicable.]
[Amended 11-20-2023 by L.L. No. 5-2023]
As used in this chapter, the following terms
shall have the meanings indicated:
Solely for purposes of this chapter and to confer the benefits
provided in the Public Officers Law, any Village officer, employee,
volunteer expressly authorized by the Board of Trustees to participate
in a municipally sponsored volunteer program, any person holding a
position by election or appointment in the service of the Village,
whether or not compensated, the Village Attorney, the Building Inspector,
and any Code Enforcement Officer.
A.
Upon compliance by an employee with the provisions
of this chapter, the village shall provide for the defense of the
employee in any 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 within the scope of his public employment or duties or which
is brought to enforce a provision of 42 U.S.C. § 1981 or
1983. This duty to provide for a defense shall not arise where such
civil action or proceeding is brought by or on behalf of the village.
Subject to the conditions set forth in § 11-2 of this chapter, the employee shall be entitled to representation by the Village Attorney; provided, however, that the employee shall be entitled to representation by an attorney of the employee's choice in any civil judicial proceeding where the Village Attorney determines, based upon his investigation and review of the facts and circumstances of the case, that representation by the Village Attorney would be inappropriate or whenever a court of competent jurisdiction, upon appropriate motion or proceeding, determines that a conflict of interest exists and that the employee is entitled to be represented by private counsel of the employee's choice.
The Village Attorney shall notify the employee,
in writing, of such determination that the employee is entitled to
be represented by an attorney of the employee's choice. The Village
Attorney may require, as a condition to payment by the village of
the fees and expenses of such representation, that appropriate groups
of employees be represented by the same counsel. If the employee or
group of employees is entitled to representation by private counsel
under the provisions of this section, the Village Attorney shall so
notify the Board of Trustees in writing.
Reasonable attorneys' fees and expenses shall
be paid by the village to such private counsel authorized by this
chapter, from time to time during the pendency of the civil action
or proceedings, subject to certification that the employee is entitled
to representation at village expense under the terms and conditions
of this section. Any dispute with respect to representation of multiple
employees by a single counsel or the amount of expenses or the reasonableness
of attorneys' fees shall be resolved by the court upon or by way of
a special proceeding.
Where the employee delivers process and a request for defense as required by this chapter, the Village Attorney shall take the necessary steps, including the retention of private counsel under the terms and conditions provided in §§ 11-3, 11-4 and 11-5 of this chapter, on behalf of the employee to avoid entry of a default judgment pending resolution of any question pertaining to the obligation of the village to provide or pay for defense of the employee.
The village shall indemnify and save its employees
harmless in the amount of any judgment obtained against such employees
in any state or federal court or in the amount of any settlement of
any claim, provided that the act or omission from which such judgment,
settlement or claim arose occurred while the employee was acting within
the scope of the employee's duties or employment. The duty to indemnify
and save the employees 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.
An employee represented by private counsel pursuant
to this chapter shall cause to be submitted to the Board of Trustees
any proposed settlement which may be subject to indemnification by
the village. The Village Attorney shall review such proposed settlement
as to form and amount and shall give an opinion to the Board of Trustees
whether such settlement is reasonable and in the best interests of
the village. If approved by the Village Attorney and if not inconsistent
with the provisions of this chapter, the Board of Trustees shall determine
whether to approve and authorize such settlement. Nothing in this
section shall be construed to authorize the village to indemnify or
save an employee harmless with respect to a settlement not so reviewed
and approved by the Village Attorney and the Board of Trustees.
Nothing in this chapter shall authorize the
village to indemnify or save an employee harmless with respect to
punitive or exemplary damages, fines or penalties; provided, however,
that the village shall indemnify and save its employees harmless from
any and all expenses or costs for 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 the State of New York or of the United States.
Upon entry of a final judgment against the employee
or upon the settlement of any claim as authorized by this chapter,
the employee shall cause a copy of such judgment or settlement to
be served upon the Board of Trustees, personally or by certified mail,
within 20 days after the entry of such judgment or settlement. The
Board of Trustees and the Village Attorney shall thereafter consider
such judgment or settlement as provided for in this chapter, unless
the same has previously been so considered and approved.
The village's duty to defend or indemnify or
save an employee harmless under this chapter shall be conditioned
upon the delivery to the Village Attorney by the employee of the original
or a copy of any summons, complaint, process, notice, demand or pleading
within five days after the employee receives the same and upon the
full cooperation of the employee in the defense of any action or proceeding
based upon any act or omission by the employee and in the prosecution
of any appeal in any such action or proceeding. Such delivery by the
employee shall be deemed to be a request by the employee that the
village provide for defense an indemnification as provided in this
chapter.
The benefits of this chapter shall inure only
to employees as defined herein and shall not enlarge or diminish the
right of any other party, nor shall any provision of this chapter
be construed to affect, alter or repeal any provision of the Workers'
Compensation Law.
This chapter shall not in any way affect the
obligation of any claimant to give notice to the village under any
provision of any law.
This chapter shall not be construed to impair,
alter, limit or modify the rights or obligations of any insurer under
any policy of insurance.
This chapter shall apply to all actions and
proceedings pending upon the effective date of this chapter, or instituted
thereafter.
Except as otherwise specifically provided herein,
this chapter shall not affect, impair, alter, modify, enlarge, abrogate
or limit or restrict any immunity available to or conferred by law
upon any unit, entity or employee of the village nor any right to
defense and/or indemnification otherwise provided for any employee
by law.
