The Town Board of the Town of Putnam Valley has determined that in order
to ensure the continued and future service of responsible and capable individuals
as officials, employees and appointees of the Town of Putnam Valley, it is
necessary and proper to assure that they are afforded protection against individual
liability for actions taken in good faith within the scope of their duties
and employment.
The title of this chapter shall be "Defense and Indemnification of Public
Officials and Employees."
As used in this chapter, the following terms shall have the meanings
indicated:
COUNSEL TO THE TOWN
Any attorney that provides legal services to the town on a contractual
basis.
EMPLOYEE
Unless the context otherwise requires, any person holding a position
by election, appointment or employment in the service of the Town of Putnam
Valley on or after January 1, 1981, notwithstanding when the alleged improper
act occurred or is alleged to have occurred and whether or not the employee
is compensated, but shall not include an independent contractor other than
those employed on a regular and continuing basis, such as the Town Planner,
Police Consultant, counsel to the town, etc., and shall include a former employee,
the employee's 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.
TOWN
The Town of Putnam Valley.
TOWN ATTORNEY
The Town Attorney of the Town of Putnam Valley, or Acting Town Attorney
in the event that there is no Town Attorney and the Town Board has appointed
an Acting Town Attorney in his or her stead during the interim.
Subject to the conditions set forth herein, the employee shall be entitled
to be represented by the Town Attorney or counsel to the town; provided, however,
that the employee shall be entitled to representation by private counsel of
his or her choice in any civil judicial proceeding whenever the Town Board
determines, based upon its investigation and review of the facts and circumstances
of the case and upon recommendation of the Town Attorney or counsel to the
town, that representation by the Town Attorney or counsel to the town would
be inappropriate or whenever a court of competent jurisdiction, upon appropriate
motion or by special proceeding, determines that a conflict of interest exists
and that the employee is entitled to be represented by private counsel of
his or her choice. The Town Attorney or counsel to the town shall notify the
employee, in writing, of such determination that the employee is entitled
to be represented by private counsel.
The Town Attorney or counsel to the town 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. If the employee or group of employees is entitled to representation by private counsel under the provisions of §
13-5 of this chapter, the Town Attorney or counsel to the town shall so certify to the Town Board. 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 subject to certification that the employee is entitled to representation under the terms and conditions of §
13-5 of this chapter by the head of the department, commission, division, office or agency in which such employee is employed and upon the audit and warrant of the Town Supervisor.
Nothing in this chapter shall authorize the town 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.
The provisions of this chapter shall apply to all actions and proceedings
upon the effective date hereof or thereafter instituted.