The purpose of this chapter is to provide legal and financial protection
for those individuals serving the Village of Bronxville from claims which
may be made against them in their individual capacities for actions taken
while in the performance of their official duties and responsibilities. In
enacting this chapter, the Board of Trustees finds that the State of New York
has enacted similar provisions for the legal and financial security of its
employees and further finds that such security is also required for local
employees. By enactment of this chapter, the Board of Trustees does not intend
to abrogate or otherwise limit any existing right or responsibility of the
Village or its employees with regard to indemnification or legal defense.
It is solely the intent of this chapter to provide similar coverage for local
employees as is presently provided for state employees, so as to continue
to attract qualified individuals to local government service.
The full benefits of § 18 of the Public Officers Law of the State of New York are hereby conferred upon all of the employees of the Village of Bronxville, and the Village of Bronxville shall be liable for all of the costs incurred under that section, as well as the costs incurred under §
15-4 hereof. All such benefits shall supplement, and be available in addition to, defense or indemnification protection conferred by any other enactment.
As used in this chapter, the following terms shall have the meanings
indicated:
EMPLOYEE
Any person holding a position by election, appointment or employment
in the service of the Village of Bronxville, whether or not compensated, or
a volunteer expressly authorized to participate in a municipally sponsored
volunteer program, but shall not include an independent contractor. The term
"employee" shall include a former employee or his/her estate or judicially
appointed personal representative.
VILLAGE
The Village of Bronxville, its departments and agencies.
Upon compliance by the employee with the provisions of §
15-8, the Village shall provide for the defense of the employee in any civil action or proceeding in any state or federal court arising out of any alleged act or omission which occurred, or allegedly occurred, while the employee was acting within the scope of his/her public employment or duties or which is brought to enforce a provision of § 1981 or 1983 of Title 42 of the United States Code, as the same may, from time to time, be amended. 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 Bronxville.
Subject to the conditions set forth in §§
15-4 and
15-5, 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 of his/her choice in any civil action or proceeding whenever the Village Attorney, or other counsel designated by the Village Administrator, determines, based upon his/her 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 of his/her choice. The Village Attorney, or other counsel designated by the Village Administrator, shall notify the employee, in writing, of such determination that the employee is entitled to be represented by private counsel of his/her choice. The Village Attorney 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. If the employee or group of employees is entitled to representation by private counsel under the provisions of this chapter, the Village Attorney shall so certify to the Village Board. 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 Treasurer. 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 request for defense to the Village Attorney as required by §
15-8, the Village Attorney shall take the necessary steps, including the retention of private counsel under the terms and conditions provided in §
15-6, 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.
The duty to defend or indemnify and save harmless provided by this chapter
shall be conditioned upon delivery to the Village Administrator by the employee
of the original or a copy of any summons, complaint, process, notice, demand
or pleading within five days after he/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 Village based upon
the same act or omission and in the prosecution of any appeal. Such delivery
shall be deemed a request by the employee that the Village provide for his/her
defense pursuant to this chapter.
If any provision of this chapter or the application thereof to any person
or circumstance shall be held unconstitutional or invalid in whole or in part
by any court, such holding of unconstitutionality or invalidity shall in no
way affect or impair any other provision of this chapter or the application
of any such provision to any other person or circumstance.