Town of East Hampton, NY Article II Indemnification

[Adopted 10-2-1987 by L.L. No. 14-1987]

§ 42-4 (Reserved)

§ 42-5 Definitions.

As used in this local law, the following terms shall have the meanings indicated:

EMPLOYEE

Any person holding a Town position by election, appointment or employment in the service of the Town, whether or not compensated, or a volunteer expressly authorized to participate in a Town-sponsored volunteer program, but shall not include independent contractors. The term "employee" shall include a former employee, his or her estate or judicially appointed representative.

§ 42-6 Indemnification of Town employees.

A. The Town of East Hampton shall save harmless and indemnify all employees of the Town in an amount of any judgment obtained against such employees in a state or federal court or in an amount of any settlement of a claim, provided that the act or omission from which such judgment or claim arose occurred while the employee was acting within the scope of his or her public employment or duties; provided, further, that in the case of a settlement, the duty to indemnify and save harmless shall be conditioned upon the approval of the amount of settlement by the Town Board.

B. The Town shall also provide for the defense of any employee in any action or civil proceeding, state or federal, arising out of any alleged act or omission which occurred or allegedly occurred while the employee was acting within the scope of his or her public employment or duties. This duty to provide for a defense shall not arise where such civil action or proceeding is brought by or at the behest of the Town of East Hampton.

C. The duty to indemnify and save harmless or defend any Town employee as created by Subsections A and B above is conditioned upon:

(1) Delivery by the employee to the Town Attorney of a written request to provide a defense, together with the original or a copy of the summons, complaint, petition, process, notice, demand or pleading, within seven days after the employee is served with such document; and

(2) The full cooperation of the employee in the defense of such action and the prosecution of any appeal.

D. The duty to indemnify and save harmless prescribed by this local law shall not arise where the injury or damage resulted from intentional wrongdoing or recklessness on the part of the employee. In the event that a court of law makes a determination that such injury or damage resulted from an intentional wrongdoing or recklessness on the part of an employee in a case where the Town provided a defense pursuant to Subsection B above, such employee shall be responsible for the reimbursement to the Town of all legal fees, costs and disbursements expended by the Town in the defense of that action or proceeding.

E. The duty to save harmless and indemnify prescribed by this local law shall not arise with respect to punitive or exemplary damages, fines or penalties or money received from an employee pursuant to § 51 of the General Municipal Law; provided, however, that the Town shall indemnify and save harmless its employees in the amount of any costs, attorneys' fees, damages, fines or penalties which may be imposed by reason of an adjudication that an employee, acting within the scope of his/her public employment or duties, has, without willfulness or intent on his/her part, violated a prior court order, judgment, consent decree or stipulation of settlement entered in any court of this state or of the United States.

F. The Town Board is hereby authorized and empowered to purchase insurance from an insurance company created by or under the laws of this state or authorized to transact business in this state against any liability imposed by the provisions of this local law or to act as self-insurer with respect thereto.

G. In the event that the Town Attorney or a court determines there to be a conflict of interest and the individual thus needs to be represented by separate counsel, the provisions of § 18, Subdivision 3(b), of the New York Public Officers Law shall apply.

§ 42-7 Severability.

Should any section or provision of this local law be decided by the courts to be unconstitutional or invalid, such decision shall not affect the validity of this local law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid.

§ 42-8 When effective.

This local law shall take effect immediately upon filing with the New York Secretary of State as provided for by law.

§ 42-9 (Reserved)