[HISTORY: Adopted by the Town Board of the
Town of Thompson 7-7-1981 by L.L.
No. 5-1981 (Ch. 13 of the 2003 Code). Amendments
noted where applicable.]
As used in this chapter, unless the context
otherwise requires, the following terms shall have the meanings indicated:
Any person holding a position by election, appointment or
employment in the service of the Town, a volunteer expressly authorized
to participate in a publicly sponsored volunteer program, members
of boards and commissions, whether or not compensated, and independent
contractors, provided that the contract with such independent contractor
shall so provide. The term "employee" shall include a former employee,
such employee's estate or judicially appointed personal representative.
[Amended 8-4-1998 by L.L. No. 6-1998[1]]
A.
Upon compliance by the employee with the provisions of § 22-3 of this chapter, the Town 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 Town.
B.
Subject to the conditions set forth in this chapter,
the employee shall be represented by the Town Attorney or an attorney
employed or retained by the Town for the defense of the employee.
The Town Board shall employ or retain an attorney for the defense
of the employee whenever the Town does not have a Town Attorney, the
Town Board determines, based upon its investigation and review of
the facts and circumstances of the case, that representation by the
Town 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 Town Attorney. Reasonable attorney's
fees and litigation expenses shall be paid by the Town to such attorney
employed or retained, from time to time, during the pendency of the
civil action or proceeding subject to certification by the Town Supervisor
that the employee is entitled to representation under the terms and
conditions of this chapter. Payment of such fees and expenses shall
be made in the same manner as payment of other claims and expenses
of the Town. Any dispute with respect to representation of multiple
employees by the Town Attorney or by an attorney employed or retained
for such purposes or with respect to the amount of the fees or expenses
shall be resolved by the court.
C.
Where the employee delivers process and a request for a defense to the Town Attorney or the Town Supervisor as required by § 22-3 of this chapter, the Town Attorney or the Supervisor, as the case may be, shall take the necessary steps, including the retention of an 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 Town to provide a defense.
D.
The Town shall provide for the defense of any Town
officer or employee in any civil action or proceeding arising out
of any alleged act or omission in which it is alleged that the officer
or employee has violated the civil rights of the claimant, petitioner
or plaintiff under Sections 1981 and 1983 of the United States Civil
Rights Act.[1] The Town shall indemnify and save harmless such officer
or employee in the amount of any judgment or settlement of claim obtained
against such officer or employee. Such legal defense and indemnification
shall be provided where the officer or employee at the time of such
alleged act or omission was acting in good faith and within the scope
of his public employment, powers or duties. The provisions of this
subsection shall be in addition to any other statute, local law or
enactment providing legal defense and indemnification in civil rights
actions against such officer or employee.
[Added 10-1-1985 by L.L. No. 4-1985]
[1]
Editor's Note: See 42 U.S.C. §§ 1981 and 1983.
[Amended 10-21-2003 by L.L. No. 7-2003]
The duties to defend provided in this chapter
shall be contingent upon delivery to the Town Attorney or, if none,
to the Town Supervisor of 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 the full cooperation of the employee in the
defense of such action or proceeding and defense of any action or
proceeding against the Town 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 Town provide for his defense pursuant
to this chapter unless the employee shall state in writing that a
defense is not requested.
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 the Civil Service Law, Article 14, only if
such agreement expressly so provides.
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.
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
Town or any right to defense provided for any governmental officer
or employee by, 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.
