[HISTORY: Adopted by the Town Board of the Town of Victor 6-24-2002
by L.L. No. 5-2002. Amendments noted where applicable.]
The purpose of this chapter is to provide legal and financial protection
for various individuals serving the Town of Victor, its districts, and other
public entities from losses arising from actions which may be brought against
them in their individual capacity as a result of their acting within the scope
of their public employment or duties.
The Town Board of the Town of Victor, on behalf of the Town of Victor,
New York, the various improvement and special districts therein and all commissions,
agencies and corporations which the Town Board appoints of the Town funds,
does hereby determine:
A.
To confer the benefits of § 18 of the Public
Officers Law of the State of New York upon the employees of the Town and of
those districts, commissions, agencies, corporations, and entities as such
employees are defined in said § 18 of the Public Officers Law.
B.
That the Town and/or the districts shall be held liable
for the costs incurred under these provisions.
C.
That the benefits provided under this chapter shall include
the defense of any civil action or proceeding arising out of any alleged violations
of civil rights under Sections 1981 and 1983 of the United States Civil Rights
Acts, and the indemnification in the amount of any judgment or settlement
of claim obtained or made in connection therewith, provided that the act or
omission occurred while the employee or officer was acting in good faith and
within the scope of his public employment, powers, or duties.
The benefits under § 18 of the Public Officers Law shall supplement
and be available in addition to defense and indemnification protections conferred
by any other provision or enactment.
The Town of Victor shall indemnify and save harmless its officers and
employees, as defined in § 18 of the Public Officers Law, in the
amount of any costs, attorney's fees, damages, fines or penalties which may
be imposed by reason of adjudication that they, while acting within the scope
of public employment or duties, have, without willfulness or intent, committed
an act or omission violating a claimant's civil rights or violated a prior
order, judgment, consent decree, or stipulation of settlement entered in any
court of this state or of the United States.
