[HISTORY: Adopted by the Board of Trustees of the Village
of Piermont 9-20-2005 by L.L. No. 5-2005; amended in its entirety 9-17-2013 by L.L. No.
2-2013. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Code of Ethics — See Ch. 12.
The following words and terms used in this chapter shall have
the meanings indicated:
Unless the context otherwise requires, any person holding
a position by election, appointment or employment in the service of
the Village of Piermont, whether or not compensated, but shall not
include an independent contractor. The term "employee" shall include
a former employee or his or her estate or judicially appointed personal
representative. The benefits of this chapter shall inure only to employees
as defined herein and shall not enlarge or diminish the rights of
any other party.
A.
The
Village shall provide for the defense of an employee in any civil
action or proceeding in any court or administrative action arising
out of any alleged act or omission which occurred or is alleged to
have occurred while the employee was acting or in good faith purporting
to act within the scope of his or her public employment or duties
as determined by resolution of the Board of Trustees; provided, however,
that the duty of the Village to defend, indemnify or save harmless
shall be conditioned upon:
(1)
Delivery to the office of the Village Clerk by the employee of the
original or a copy of any summons, complaint, process, notice, demand
or pleading within five days after he or she is served with such document.
Such delivery shall be deemed a request by the employee that the Village
provide for his or her defense pursuant to this chapter, subject to
written confirmation by the employee that the Village provide for
his or her defense.
(2)
The full cooperation of the employee in the defense of such action
or proceeding and in the defense of any action or proceeding against
the Village based upon the same act or omission and in the prosecution
of any appeal.
B.
Deliberations,
findings and determinations of the Village Board and its legal counsel
as to whether employees were acting within the scope of their employment
shall be made in executive session and shall remain confidential.
C.
This
duty to provide for a defense shall not arise where such civil action
or proceeding is brought by or on behalf of the Village of Piermont.
D.
Counsel.
(1)
The employee shall be entitled to be represented by the Village Attorney;
provided, however, that the employee shall be entitled to representation
by private counsel as selected by the Board of Trustees in any civil
judicial proceeding whenever the Village Board determines, based upon
its investigation and review of the facts and circumstances of the
case, that representation by the Village Attorney would be inappropriate,
or whenever a court of competent jurisdiction, upon appropriate motion
or by a special proceeding, determines that a conflict of interest
exists and that the employee is entitled to be represented by private
counsel. The Village Attorney, or other outside counsel retained by
the Village Board, shall notify the employee, in writing, of such
determination that the employee is entitled to be represented by private
counsel as selected by the Board of Trustees.
(2)
The Village Board may require, as a condition to payment of the fees
and expenses of such representation by private counsel, that appropriate
groups of such employees be represented by the same counsel.
(a)
Reasonable attorneys' fees and litigation expenses shall
be paid by the Village to such private counsel from time to time during
the pendency of the civil action or proceeding upon the audit and
warrant of the Village Attorney or the Village Board.
(b)
Any dispute with respect to representation of multiple employees
by a single counsel, or the amount of litigation expenses or the reasonableness
of attorneys' fees, shall be resolved by the court upon motion
or by way of a special proceeding,
E.
Where the employee delivers process and a request for a defense to
the Village Clerk, as required by this chapter, the Village Board
shall take the necessary steps, including the retention of private
counsel, under the terms and conditions herein provided, on behalf
of the employee to avoid entry of a default judgment pending resolution
of any question pertaining to the obligation to provide for a defense.
A.
The
Village shall indemnify and save harmless an employee in the amount
of any judgment obtained against such employee in any court or in
any administrative action or in the amount of any settlement of any
claim brought against such employee, provided that the act or omission
from which such judgment or settlement arose occurred while the employee
was acting or in good faith purporting to act within the scope of
his or her public employment duties. The duty to indemnify and save
harmless prescribed by this subsection shall be conditioned upon the
employee's compliance with the requirements set forth in this
chapter, as well as any other applicable provisions of this section;
provided, however, that the duty to indemnify and save harmless prescribed
by this subsection shall not arise where the injury or damage resulted
from intentional wrongdoing, maliciousness, or recklessness on the
part of the employee.
B.
When
an employee is represented by the Village Attorney and the Village
Attorney has before him or her any proposed settlement, or an employee
represented by private counsel shall submit to the Village Board any
proposed settlement, the Village Attorney or other outside counsel
retained by the Village Board shall, after reviewing such proposals
as to form and content, give a recommendation to the Village Board.
If the Village Board believes it is in the best interest of the Village
to accept such settlement, it shall give its approval thereto. Nothing
in this section shall be construed to authorize the Village to indemnify
or save harmless an employee with respect to a settlement not so reviewed
and approved by the Village Board.
C.
Upon
entry of a final judgment against the employee or upon the settlement
of the claim, the employee shall cause to be served a copy of such
judgment or settlement, personally or by certified or registered mail,
within 30 days of the date of entry or settlement, upon the Village
Treasurer. Upon the Village Board's approval, the judgment or
settlement shall be paid upon the audit and warrant of the Village
Treasurer.
A.
Nothing
in this chapter shall authorize the Village to indemnify or save harmless
an employee with respect to punitive or exemplary damages, fines or
penalties or money recovered from an employee pursuant to Article
7-A of the State Finance Law.
B.
The
provisions of this chapter shall 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 provision of the Workers' Compensation Law.
C.
This
chapter shall not in any way affect the obligation of any claimant
to give notice to the Village under any provision of law.
D.
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.
E.
Except
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 Village or any right
to defense and/or indemnification 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.
F.
The
provisions of this chapter shall apply to all actions and proceedings
pending upon the effective date thereof or thereafter instituted.
