[HISTORY: Adopted by the Town Board of the
Town of Huntington 1-11-1983 by L.L. No. 1-1983. Amendments noted where
applicable.]
This chapter shall be known as "Legal Defense
of Town Officers and Employees."
As used in this chapter, unless the context
otherwise requires, the following terms shall have the meanings indicated:
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]
The Town of Huntington.
A.
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.
B.
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]
C.
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.
[Added 12-12-1989 by L.L. No. 8-1989[1]]
A.
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.
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 employees.
C.
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.
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 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.
[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.
A.
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.
B.
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.
C.
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.
D.
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.
E.
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.
F.
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]
G.
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]
This chapter shall take effect immediately upon
filing in the office of the Secretary of State.
