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City of Batavia, NY
Genesee County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the City Council of the City of Batavia 9-28-1981 by L.L. No. 4-1981; amended in its entirety 9-26-1988 by L.L. No. 3-1988. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Officers and employees — See Ch. 22.
As used in this chapter, the following terms shall have the meanings indicated:
CITY EMPLOYEE
Any person elected, appointed or hired to serve the City of Batavia in any capacity, whether compensated or not, or for a term fixed or not fixed, including, without limit, persons serving on a temporary, part-time or seasonal basis, persons paid with funds derived from other than city tax revenues and persons serving on administrative or advisory boards, commissions or committees, whether permanent or temporary. The phrase shall also include a former city employee, his or her estate and/or his or her judicially appointed personal representative. The phrase shall not include an independent contractor.
The city shall pay reasonable and necessary attorney's fees at rates prevailing in the local legal community, disbursements and litigation expenses incurred by a city employee in his defense in a criminal proceeding in a state or federal court arising out of any alleged act or omission that occurred or allegedly occurred while the employee was exercising or performing or in good faith purporting to exercise or perform his powers and duties. The city employee shall be entitled to private counsel of his own choice, except that the City Attorney may require that appropriate groups of city employees be represented by the same private counsel. This duty to pay for a defense in a criminal proceeding shall arise only upon the complete acquittal of a city employee or the dismissal of all criminal charges against him; this duty shall not extend to grand jury proceedings. Attorney's fees, disbursements and litigation expenses shall be submitted by the attorney within 30 days after acquittal or dismissal to the City Attorney in the manner and form required by him, and shall be reviewed and approved by him prior to payment. The decision of the City Attorney in this regard shall be final.
The city shall provide for the defense of a city employee in any civil action or proceeding before any state or federal court or administrative agency arising out of any alleged act or omission that occurred or allegedly occurred while the employee was exercising or performing or in good faith purporting to exercise or perform his powers and duties while acting within the scope of his public employment. This duty to provide for a defense shall not arise where the action or proceeding against the employee is brought by or at the behest of the city itself.
The City Attorney shall defend, or may employ special counsel to defend, the city employee in any civil action or proceeding unless the City Attorney determines that a conflict of interest exists or may arise, in which case the city employee shall be entitled to private counsel to be selected by the city employee from a roster of attorneys maintained and approved by the City Manager, Assistant to the City Manager, City Attorney and City Claim's Adjuster, except that the City Attorney may require that appropriate groups of city employees be represented by the same private counsel. If special counsel is employed, or a city employee is represented by private counsel, the city shall pay a reasonable and necessary attorney's fees, at rates prevailing in the local legal community, disbursements and litigation expenses incurred by a city employee in his defense. Attorney's fees, disbursements and litigation expenses shall be submitted by the attorney promptly after the end of each month to the City Attorney, in the manner and form required by him, and shall be reviewed and approved by him prior to payment. The decision of the City Attorney in this regard shall be final.
The city shall indemnify and save harmless a city employee in the amount of any judgment obtained against the employee in a state or federal court or administrative agency, or in the amount of any settlement of a claim, provided that the act or omission occurred while the employee was exercising or performing or in good faith purporting to exercise or perform his powers and duties while acting within the scope of his public employment. This duty to indemnify and save harmless shall not arise where the injury or damage resulted from intentional wrongdoing on the part of the city employee; nor shall it arise where a judgment is obtained or a claim settled as a result of an action or proceeding brought by or at the behest of the city itself; nor shall it arise with respect to nonautomatic punitive or exemplary damages, fines or penalties.
The duties to pay for or to provide a defense and to indemnify and save harmless shall be conditioned upon delivery by a city employee to the City Attorney of any notice, summons, complaint or any other legal process within five business days after he is served with such document, and the full cooperation of a city employee in the defense of any action or proceeding against him or against the city based upon his alleged acts or omissions, and in the taking of any appeals.
This chapter shall not in any way impair any powers of the City Attorney granted by the City Charter, City Code and any other law. The City Attorney shall have complete charge of the defense in any civil action or proceeding and shall have sole authority to defend or settle any action or proceeding or to take, not take or withdraw any appeal, in the manner he deems appropriate.
The benefits of this chapter will inure only to the 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 Worker's 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 city or any right to defense provided for any governmental officer or employee by, in accordance with, or by reason, any other provision of state or federal statutory or common law.