[HISTORY: Adopted by the Town Board of the Town of Ossining 6-23-1981
by L.L. No. 3-1981. Amendments noted where applicable.]
GENERAL REFERENCES
Code of Ethics — See Ch. 20.
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. The term "employee" shall include a former employee,
his estate or judicially appointed personal representative.
The Town of Ossining.
A.
Upon compliance by the employee with the provisions of § 17-3 of this chapter, the town shall provide for the defense of the employee and shall save harmless and indemnify said employee from financial loss 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 and indemnification shall not be provided where such civil action or proceeding is brought by or on behalf of the town.
[Amended 12-22-1998 by L.L. No. 7-1998]
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 § 17-3 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.
[Amended 12-22-1998 by L.L. No. 7-1998]
A.
The duties to defend and indemnify provided in this chapter
shall be contingent upon:
(1)
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 five days after service of such document.
(2)
The full cooperation of the employee in the defense of
such action or proceeding and in the defense of any action or proceeding against
the town based upon the same act or omission, and in the prosecution of any
appeal.
The benefits of this chapter will inure 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.
[Amended 12-22-1998 by L.L. No. 7-1998]
The amendment of this chapter to specify in the body thereof that employees
meeting the appropriate and previously mandated requirements are entitled
to indemnification, as well as defense, by the town shall not be construed
as an effort to create a right not previously enjoyed by such employees, but
rather as a correction and clarification of the meaning and purpose of the
original Local Law Number 3 of 1981, as evidenced by the title thereof, i.e.,
"Defense and Indemnification." Subject to the foregoing, 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.
[Amended 12-22-1998 by L.L. No. 7-1998]
The provisions of this chapter, and the amendment of said chapter to
set forth specifically the obligation of the town to its employees by way
of indemnification, shall apply to all actions and proceedings specified herein
which have been commenced, instituted or brought on or after the original
effective date of this chapter.
