Town of Huntington, NY Defense and Indemnification of Officers and Employees

Any officer, employee or any other person holding a position by election, appointment or employment in the service of the town, whether or not compensated, 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.

[Amended 12-12-1989 by L.L. No. 8-1989]

TOWN

The Town of Huntington.

§ 19-3 Employees to be defended; scope of defense.

Upon compliance by the employee with the provisions of § 19-4 of this chapter, the town 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 or in good faith purporting to act within the scope of his public employment or duties. Such defense shall not be provided where such civil action or proceeding is brought by or on behalf of the town.

Subject to the conditions set forth in this chapter, the employee shall be represented by the Town Attorney or an attorney chosen by the employee from among not less than three attorneys selected by the Town Attorney on the basis of their qualification and experience to defend the litigation, to be employed or retained by the town for the defense of the employee. The Town Board shall employ or retain an attorney for the defense of the employee whenever the Town Attorney determines, based upon 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 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 is an employee, as defined in this chapter, and otherwise is entitled to representation under the terms and conditions of this chapter. 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 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.

[Amended 12-12-1989 by L.L. No. 8-1989]

Where the employee delivers process and a request for a defense to the Town Attorney as required by § 19-4 of this chapter, 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 to avoid entry of a default judgment, pending resolution of any question relating to the obligation of the town to provide a defense.

§ 19-4 Indemnification of officers and employees.

[Added 12-12-1989 by L.L. No. 8-1989[1]]

The town 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 or purporting to act within the scope of his public duties or employment; provided, further, that in the case of a settlement, this duty to indemnify and save harmless shall be conditioned upon the approval of the amount of the settlement by the Town Board.

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 employees.

Nothing in this section shall authorize the town 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 General Municipal Law, § 51; provided, however, that the town 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 or purporting to act 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 the United States.

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 upon the Supervisor, personally or by certified mail within 30 days of the date of entry or settlement, and, if not inconsistent with the provisions of this chapter, the amount of such judgment or settlement shall be paid by the town in the same manner as other town charges.

[1]

Editor's Note: This local law also provided for the renumbering of former §§ 19-4 through 19-6 as §§ 19-5 through 19-7.

§ 19-5 Notice to town and employee cooperation required.

[Amended 12-12-1989 by L.L. No. 8-1989]

The duties to defend or indemnify and save harmless provided in this chapter 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 days after the employee is served with such document and the full cooperation of the employee 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 that the town provide for his defense and indemnification pursuant to this chapter, unless the employee shall state in writing that a defense or indemnification is not requested.

§ 19-6 Construction of provisions; applicability.

The benefits of this chapter will inure only to employees as defined herein and shall not enlarge or diminish the rights of any other party, nor shall any provision of this chapter be construed to affect, alter or repeal any provisions of the Workers' Compensation Law.

The benefits of this chapter 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.

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.

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 available to or conferred upon any unit, entity, officer or employee 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.

The provisions of this chapter shall apply to all actions and proceedings specified herein which have been commenced, instituted or brought before, on or after the effective date of this chapter.

The town may either 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 act as a self insurer with respect thereto.

[Added 12-12-1989 by L.L. No. 8-1989]

This chapter shall not in any way affect the obligation of any claimant to give notice to the town under any other provision of law.

[Added 12-12-1989 by L.L. No. 8-1989]

§ 19-7 When effective.

This chapter shall take effect immediately upon filing in the office of the Secretary of State.