[Adopted 1-24-1996 by L.L. No. 1-1996]
As used in this article, unless the context
otherwise requires, the following terms shall have the meanings indicated:
Any commissioner, member of a public board or commission,
trustee, director, officer, employee, volunteer expressly authorized
to participate in a publicly sponsored volunteer program or any other
person holding a position by election, appointment or employment in
the service of the Town, whether or not compensated, but shall not
include an independent contractor. The term "employee" shall include
a former employee, his or her estate or judicially appointed personal
representative.
Pursuant to the provisions of § 18
of the Public Officers Law, the Town Board confers the benefits of
§ 18 of the Public Officers Law upon its employees, and
the Town shall be held liable for the costs incurred under these provisions.
Upon compliance by the employee with the provisions of § 20-20, the Town Board shall provide for the defense of the employee in any civil action or 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.
Subject to the conditions set forth in § 20-15, the employee shall be entitled to be represented by private counsel of his or her choice in any civil action or proceeding whenever the chief legal officer of the Town or other counsel designated by the Town determines that a conflict of interest exists or whenever a court, upon appropriate motion or otherwise by a special proceeding, determines that a conflict of interest exists and that the employee is entitled to be represented by counsel of his or her choice; provided, however, that the chief legal officer or other counsel designated by the Town may require, as a condition to payment of the fees and expenses of such representation, that appropriate groups of such employees be represented by the same counsel. Reasonable attorneys' fees and litigation expenses shall be paid by the Town to such private counsel from time to time during the pendency of the civil action or proceeding with the approval of the Town Board.
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.
Where the employee delivers process and a written request for a defense to the Town under § 20-20, the Town shall take the necessary steps 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 Town shall indemnify and save harmless its employees
in the amount of any judgment obtained against such employees in a
state or federal court or in the 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.
Except as otherwise provided by law, the duty to indemnify
and save harmless prescribed by this section shall not arise where
the injury or damage resulted from intentional wrongdoing or recklessness
on the part of the employee.
C.
Nothing in this section shall authorize a public entity
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 § 51 of the General Municipal Law;
provided, however, that the public entity 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 or her public employment
or duties, has, without willfulness or intent on his or her part,
violated a prior order, judgment, consent decree or stipulation of
settlement entered in any court of this state or of the United States.
D.
Upon entry of a final judgment against the employee
or upon the settlement of the claim, the employee shall serve 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 chief
administrative officer of the Town, and if not inconsistent with the
provisions of this section, the amount of such judgment or settlement
shall be paid by the Town.
The duty to defend or indemnify and save harmless
prescribed by this article shall be conditioned upon delivery by the
employee to the chief legal officer of the Town of Brighton or to
its chief administrative officer of a written request to provide for
his or her defense, together with the original or a copy of any summons,
complaint, process, notice, demand or pleading within 10 days after
he or she is served with such document, and 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.
The benefits of this article 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 article
be construed to affect, alter or repeal any provision of the Workers'
Compensation Law.
This article shall not in any way affect the
obligation of any claimant to give notice to the Town under § 10
of the Court of Claims Act, § 167.00 of the Local Finance
Law or any other provision of law.
The Town is hereby authorized and empowered
to purchase insurance from any insurance company created by or under
the laws of this state or authorized by law to transact business in
this state against any liability imposed by the provisions of this
article or to act as a self-insurer with respect thereto.
All payments made under the terms of this article,
whether for insurance or otherwise, shall be deemed to be for a public
purpose and shall be audited and paid in the same manner as other
public charges.
The provisions of this article shall not be
construed to impair, alter, limit or modify the rights and obligations
of any insurer under any policy of insurance.
Except as otherwise specifically provided in
this article, the provisions of this article shall not be construed
in any way to impair, alter, limit, modify, abrogate or restrict any
immunity to liability available to or conferred upon any unit, entity,
officer or employee of any public entity by, in accordance with or
by reason of any other provision of state or federal statutory or
common law.
Except as otherwise provided in this article,
benefits accorded to employees under this article shall be in lieu
of and take the place of defense or indemnification protections accorded
the same employees by another enactment, unless the Town Board shall
have provided that these benefits shall supplement and be available
in addition to defense or indemnification protection conferred by
another enactment.
The provisions of this article shall also be
applicable to any public library supported in whole or in part by
the Town.
