[HISTORY: Adopted by the Town Board of the
Town of Stillwater 9-16-2004 by L.L. No. 7-2004. Amendments noted where
applicable.]
GENERAL REFERENCES
Prior notice of defects for civil action against Town — See Ch. 145.
The Town Board hereby adopts § 18
of the Public Officers Law and confers the benefits thereon upon all
Town officers and employees, including members of appointed Town boards
and committees, whether compensated or otherwise.
A.
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. 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.
B.
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 section shall be in addition
to any other statue, local law or enactment providing legal defense
and indemnification in civil actions against such officer or employee.
The duty to defend or indemnify and save harmless
prescribed by this chapter shall be conditioned upon:
A.
Delivery by the employee to the chief legal officer
or the chief administrative officer of the Town of Stillwater a written
request to provide for the defense of the employee, together with
the original or a copy of any summons, complaint, process, notice,
demand or pleading within 10 days after the employee is served with
such document; and
B.
The full cooperation of the employee in the defense
of such action or proceeding, and of any action or proceeding against
the Town of Stillwater based upon the same act or omission, and in
the prosecution of any appeal.
