[HISTORY: Adopted by the Common Council of the City of Amsterdam as indicated in article histories. Amendments noted where applicable.]
[Adopted 3-3-1998 by L.L. No. 4-1998]
Editor's Note: This local law provided that it take effect 7-1-1998.
In addition to the duties and liabilities imposed upon the City of Amsterdam, New York, by § 50-j, Subdivisions 1 and 2, of the General Municipal Law (i. e., the liability for and the duty to save harmless any of its duly appointed police officers for any negligent act or tort, provided that such police officer at the time of the negligent act or tort complained of was acting in the performance of his duties and within the scope of his employment), the City of Amsterdam, pursuant to the authority of § 50-j, Subdivision 6, of the General Municipal Law, hereby further undertakes to indemnify and save harmless its police officers from any judgment for punitive or exemplary damages of a court of competent jurisdiction, provided that such police officers at the time of the negligent act or tort complained of were acting in the performance of their duties and within the scope of their employment. The city's determination as to whether the police officer in question was at the time of the negligent act or tort complained of acting in the performance of his duties and within the scope of his employment shall continue to be in the same manner as such determinations have previously been made with respect to actions seeking compensatory, special and general damages, and all such determinations shall in the future be binding for purposes of compensatory, special, general and punitive or exemplary damage.
The Mayor of the City of Amsterdam is specifically authorized, empowered and directed to obtain insurance protecting against the liabilities hereby undertaken. Nothing contained herein shall be construed to obviate a claimant's obligation to provide notice of any such claim pursuant to § 50-e of the General Municipal Law and to commence any action against the City of Amsterdam in accordance with the provisions of § 50-i of the General Municipal Law.