The terms "public entity," "employee" and "governing
body" as hereinafter used shall be defined as currently or hereinafter
set forth and defined in Subdivision 1 of § 18 of the Public
Officers Law.
The Town Board hereby adopts § 18 of the
Public Officers Law and confers the benefits thereof and of this article
upon Town employees, the Town of Brookhaven Industrial Development
Agency and its employees and agents and the Town of Brookhaven Resource
Recovery Agency, its employees and agents, and hereby extends the
defense provisions contained in § 18, Subdivision 3 of the
Public Officers Law to proceedings before administrative bodies other
than those of the Town of Brookhaven, the Town of Brookhaven Industrial
Development Agency and the Town of Brookhaven Resource Recovery Agency.
[Amended 12-19-1989 by L.L. No. 36-1989, effective 12-26-1989]
The adoption of this article shall not diminish or
impair any rights or obligations created by any resolutions previously
adopted by the Town Board pertaining to defense and indemnification
and shall be in addition thereto.
The Town shall provide for the defense of any Town,
Town of Brookhaven Industrial Development Agency and Town of Brookhaven
Resource Recovery Agency employee in any civil action or proceeding
arising out of any alleged act or omission in which it is alleged
that the employee has violated the civil rights of the claimant, petitioner
or plaintiff under Sections 1981 through 1988 of Title 42 of the United
States Code, so long as at the time of such alleged act or omission
the employee was acting in good faith and within the scope of what
would otherwise be his/her authorized public employment, powers or
duties.
[Amended 12-19-1989 by L.L. No. 36-1989, effective 12-26-1989]
The Town shall indemnify and save harmless said employee
in the amount of any judgment or settlement of claim obtained against
such employee arising out of any alleged act or omission in which
it is alleged that the employee has violated the civil rights of the
claimant, petitioner or plaintiff under Sections 1981 through 1988
of the United States Civil Rights Act, so long as at the time of such
alleged act or omission the employee was acting in good faith and
within the scope of what would otherwise be his/her authorized public
employment.
[Amended 12-19-1989 by L.L. No. 36-1989, effective 12-26-1989]
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 brought against such employees.
The determination of the issues of whether or not
an employee was acting within what would otherwise be the scope of
public employment, powers or duties or whether or not an employee
was acting in good faith at the time of the occurrence or act or omission
giving rise to the claim shall be made in the first instance by the
Town Attorney.
Nothing contained in this article shall be construed
to authorize the Town to indemnify and save harmless any individual
prohibited from receiving such indemnity under § 18 of the
Public Officers Law.