(Derived from Ch. 3 of the 1975 Compilation)
As used in this article, the following terms
shall have the meanings indicated:
An employee of the City of Oneonta.
An officer of the City of Oneonta, whether elected or appointed.
The performance of any act, duty or power in the furtherance
of the interest of the City of Oneonta by an officer or employee and
which is related to the duties of such officer or employee.
The City of Oneonta shall save harmless and
indemnify any officer or employee of the City from financial loss
resulting from a claim filed in any court of competent jurisdiction
for damages arising out of an act done or the failure to perform any
act, provided that such officer or employee, at the time of the alleged
act or failure to perform any act, was acting in the performance of
his or her duties and within the scope of employment.
The officer or employee shall deliver, within
10 days of the time he or she is served with any summons, complaint,
process, notice, demand or pleading, the original or a copy thereof
to the City Attorney and request the City Attorney to assume control
of his or her representation. The City Attorney, upon receipt of any
such summons, complaint, process, notice, demand or pleading, may
assume control of the representation of the officer or employee. Upon
assuming such control, the officer or employee shall cooperate fully
with the City Attorney.
A.
At any time during the proceedings, if the City Attorney
feels that because of the nature of the claim, or the possibility
of a conflict of interest between the officer or employee and the
City, or for any other appropriate reason, that special or independent
counsel should be retained, he or she may request the City Council
to appoint special or independent counsel to defend or assist in the
defense of the officer or employee.
B.
Upon such request, the City Council may appoint such
special or independent counsel as may be appropriate.
This article shall not in any way impair, limit
or modify the rights and obligations of any insurer under any policy
of insurance.
The benefits of § 31-2 of this article shall inure only to officers and employees of the City and shall not enlarge or diminish the rights of any other party.
This article shall apply with respect to claims
arising on or after the effective date of this article.
