[Amended 5-1-1995 by L.L.
No. 2-1995]
The Town Board hereby adopts § 18
of the Public Officers Law and confers the benefits thereon upon all
Town officers and employees, including members of appointed Town boards
and committees, whether compensated or otherwise.
The Town shall provide for the defense of any
Town officer or employee in any civil action or proceeding arising
out of any alleged act or omission in which it is alleged that the
officer or employee has violated the civil rights of the claimant,
petitioner or plaintiff under Sections 1981 and 1983 of the United
States Civil Rights Act. The Town shall indemnify and save harmless
such officer or employee in the amount of any judgment or settlement
of claim obtained against such officer or employee. Such legal defense
and indemnification shall be provided where the officer or employee
at the time of such alleged act or omission was acting in good faith
and within the scope of his public employment, powers or duties. The
provisions of this section shall be in addition to any other statute,
local law or enactment providing legal defense and indemnification
in civil actions against such officer or employee.
[Amended 5-1-1995 by L.L.
No. 2-1995]
The duty to defend or indemnify and save harmless
prescribed by this chapter shall be conditioned upon:
A. Delivery by the employee to the chief legal officer
of the public entity or to its chief administrative officer of a written
request to provide for his defense, together with the original or
a copy of any summons, complaint, process, notice, demand or pleading
within 10 days after he is served with such document; and
B. The full cooperation of the employee in the defense
of such action or proceeding and in defense of any action or proceeding
against the public entity based upon the same act or omission and
in the prosecution of any appeal.