[Adopted 3-3-1998 by L.L. No. 4-1998]
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.