[HISTORY: Adopted by the Board of Trustees
of the Village of North Haven 1-20-1983 by L.L. No. 1-1983. Amendments noted where
applicable.]
The purpose of this chapter is to provide legal
and financial protection for those individuals serving the Village
of North Haven from losses which may be brought against them in their
individual capacities for actions taken while in the performance of
their official duties and responsibilities. In enacting this chapter,
the Board of Trustees finds that the State of New York has enacted
similar provisions for the legal and financial security of its officers
and employees and further finds that such security is also required
for local personnel. By enactment of this chapter, the Board of Trustees
does not intend to limit or otherwise abrogate any existing right
or responsibility of the Village or its employees with regard to indemnification
or legal defense. It is solely the intent of this chapter to provide
similar coverage for local employees as is presently provided for
state employees, so as to continue to attract qualified individuals
to local government service.
As used in this chapter, the following terms
shall have the meanings indicated:
Any person holding a position by election, appointment or
employment in the service of the Village of North Haven, whether or
not compensated, inluding any consultant or attorney or a volunteer
expressly authorized to participate in a municipally sponsored volunteer
program. The term "employee" shall include a former employee, his
estate or judicially appointed personal representative.
[Amended 11-4-2015 by L.L. No. 6-2015]
A.
Upon compliance by the employee with the provisions of § 22-5, 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 of North Haven.
B.
Subject to the conditions set forth in Subsection A of this section, the employee shall be entitled to be represented by the Village Attorney; provided, however, that the employee shall be entitled to representation by private counsel of his choice in any civil judicial proceeding whenever 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 by a special proceeding, determines that a conflict of interest exists and that the employee is entitled to be represented by private counsel of his choice. The Village Attorney shall notify the employee in writing of such determination that the employee is entitled to be represented by private counsel of his choice.
(1)
The Village Attorney may require, as a condition to
payment of the fees and expenses of such representation, that appropriate
groups of such 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 chapter, the Village Attorney
shall so certify to the Village Board. Reasonable attorneys' fees
and litigation expenses shall be paid by the Village to such private
counsel from time to time during the pendency of the civil action
or proceeding, subject to certification that the employee is entitled
to representation under the terms and conditions of this chapter by
the head of the department, commission, division, office or agency
in which such employee is employed and upon the audit and warrant
of the Village Treasurer.
(2)
Any dispute with respect to representation of multiple
employees by a single counsel or the amount of litigation expenses
or the reasonableness of attorneys' fees shall be resolved by the
court upon motion or by way of a special proceeding.
C.
Where the employee delivers process and a request for a defense to the Village Attorney, as required by § 22-5, the Attorney shall take the necessary steps, including the retention of private counsel 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 pertaining to the obligation to provide for a defense.
A.
The Village shall indemnify and save harmless its
employees in the amount of any judgment obtained against such employees
in any 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 settlement arose occurred while the employee was acting within
the scope of his public employment or duties. 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 employee.
B.
An employee represented by private counsel shall cause
to be submitted to the Board of Trustees any proposed settlement which
may be subject to indemnification by the Village and, if not inconsistent
with the provisions of this chapter, the Mayor shall certify such
settlement and submit such settlement and certification to the Village
Attorney. The Attorney shall review such proposed settlement as to
form and amount and shall give his approval if, in his judgment, the
settlement is in the best interest of the Village. Nothing in this
section shall be construed to authorize the Village to indemnify or
save harmless an employee with respect to a settlement not so reviewed
and approved by the Village Attorney.
C.
Upon entry of a final judgment against the employee
or upon the settlement of the claim, the employee shall cause to be
served upon the Mayor a copy of such judgment or settlement, personally
or by certified or registered mail, within 30 days of the date of
entry or settlement, and if not inconsistent with the provisions of
this chapter, such judgment or settlement shall be certified for payment
by such Mayor. If the Attorney concurs in such certification, the
judgment or settlement shall be paid upon the audit and warrant of
the Village Treasurer.
The duty to defend or indemnify and save harmless
provided by this chapter shall be conditioned upon delivery to the
Village Attorney or his assistant, at his office, by the employee,
of the original or a copy of any summons, complaint, process, notice
demand or pleading, within five days after he is served with such
document, and upon the full cooperation of the employee in the defense
of such action or proceeding and in defense of any action or proceeding
against the state 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 Village provide for his defense pursuant to this chapter.
The benefits of this chapter shall 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 section
be construed to affect, alter or repeal any provision of the Workers'
Compensation Law.
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.
The provisions of this chapter shall apply to
all actions and proceedings pending upon the effective date thereof
or thereafter instituted.
Except 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 Village or any right to defense and/or indemnification
provided for any governmental officer or employee by, in accordance
with or by reason of any other provision of state or federal statutory
or common law.
