[HISTORY: Adopted by the Board of Trustees of the Village of Norwood 9-21-1981 by L.L. No. 2-1981. Amendments noted where applicable.]
GENERAL REFERENCES
Officers and employees — See Ch. 35.
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, but shall not include a volunteer, any person not compensated for his services or an independent contractor. The term "employee" shall include a former employee, his estate or judicially appointed personal representative.
VILLAGE
The Village of Norwood.
A. 
Upon compliance by the employee with the provisions of § 10-3 of this chapter, 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 is alleged in the complaint to have occurred while the employee was acting or in good faith purporting to act within the scope of his public employment or duties. Such defense shall not be provided where such civil action or proceeding is brought by or on behalf of the Village.
B. 
Subject to the conditions set forth in this chapter, the employee shall be represented by the Village Attorney or any attorney employed or retained by the Village for the defense of the employee. The Village Board shall employ or retain an attorney for the defense of the employee whenever the Village does not have a Village Attorney, 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 a court of competent jurisdiction determines that a conflict of interest exists and that the employee cannot be represented by the Village Attorney. Reasonable attorney's fees and litigation expenses shall be paid by the Village to such attorney employed or retained, from time to time, during the pendency of the civil action or proceeding, subject to certification by the Village Mayor that the employee is entitled to representation under the terms and conditions of this chapter. The chief legal counsel or other counsel designated by the Village Board 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. Payment of such fees and expenses shall be made in the same manner as payment of other claims and expenses of the Village. Any dispute with respect to representation of multiple employees by the Village Attorney or by any attorney employed or retained for such purposes or with respect to the amount of the fees or expenses shall be resolved by the court.
[Amended 12-19-2006 by L.L. No. 1-2006]
C. 
Where the employee delivers process and a request for a defense to the Village Attorney or the Village Mayor as required in § 10-3 of this chapter, the Village Attorney or the Mayor, as the case may be, shall take the necessary steps, including the retention of any attorney under the terms and conditions provided in Subsection B of this section, on behalf of the employee to avoid entry of a default judgment, pending resolution of any question relating to the obligation of the Village to provide a defense.
D. 
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 public employment or duties, has, without willfulness or intent on his part, violated a prior order, judgment, consent decree or stipulation of settlement entered in any court of this state or of the United States.
[Added 12-19-2006 by L.L. No. 1-2006]
A. 
The Village shall indemnify and save harmless its employees in the amount of any judgment obtained against such employees in any 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 settlement arose occurred while the employee was acting within the scope of his public employment or duties; the duty to indemnify and save harmless prescribed by this subsection shall not arise where the injury or damage resulted from intentional wrongdoing or recklessness on the part of the employee.
B. 
An employee represented by private counsel shall cause to be submitted to the Village Board of Trustees any proposed settlement which may be subject to indemnification by the Village, and if not inconsistent with the provisions of this section, the Mayor shall certify such settlement and submit such settlement and certification to the Village Attorney. The Attorney shall review such proposed settlement as to form and amount and shall give his approval if in his judgment the settlement is in the best interest of the Village. Nothing in this subsection 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 Attorney.
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 Mayor; and if not inconsistent with the provisions of this section, such judgment or settlement shall be certified for payment by such Mayor. If the Attorney concurs in such certification, the judgment or settlement shall be paid upon the audit and warrant of the Village Treasurer.
[Added 12-19-2006 by L.L. No. 1-2006]
The duty to defend or indemnify and save harmless prescribed by this section shall be conditioned upon:
A. 
Delivery by the employee to the Village Attorney or to the Mayor of a written request to provide for his defense, together with the original or a copy of any summons, complaint, process, notice, demand or pleading within 10 days after he is served with such document; and
B. 
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.
The benefits of this chapter will 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 provisions of the Workers' Compensation Law.
The benefits of this chapter shall be extended to an employee of a negotiating unit for which an agreement has been negotiated pursuant to Civil Service Law Article 14 only if such agreement expressly so provides.
A. 
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.
B. 
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 provided for any governmental officer or employee in accordance with or by reason of any other provision of state or federal statutory or common law.
The provisions of this chapter shall apply to all actions and proceedings specified herein which have been commenced, instituted or brought on or after the effective date of this chapter.