[HISTORY: Adopted by the Town Board of the Town of Greenfield 3-10-1988
by L.L. No. 1-1988. Amendments noted where applicable.]
Pursuant to § 18 of the Public Officers Law of the State of
New York, the Town of Greenfield does hereby confer the benefits of such § 18
of the Public Officers Law upon its employees as defined therein.
The Town of Greenfield hereby agrees to be held liable for the costs
hereinafter incurred under the provisions of such law.
Such benefits and liability for costs shall be conferred and incurred
only in those cases in which the employee has complied with all of the requirements
and conditions as set forth in § 18 of the Public Officers Law.
As used in this chapter, unless the context otherwise requires, the
following terms shall have the meanings indicated:
Any person holding a position by election, appointment or employment
in the service of the Town, but shall not include a volunteer, any person
not compensated for his services or an independent contractor or its employees.
The term employee shall include a former employee, his estate or a judicially
appointed personal representative.
The Town of Greenfield.
A.
Upon compliance by the employee with the provisions of § 8-3 of this chapter, the Town shall provide for the defense of the employee in any civil, criminal or civil rights 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 an attorney employed or retained by the
Town for the defense of the employee. 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 Attorney that the employee 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 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.
C.
Where the employee delivers process and a request for a defense to the Town Supervisor as required by § 8-3 of this chapter, the Supervisor shall 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.
The duties to defend provided in this chapter shall be contingent upon
delivery to the Town Attorney or, if none, to the Town Supervisor 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 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 pursuant to this chapter,
unless the employee shall state in writing that a defense is not requested.
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.
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.
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 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.
