Town of Stillwater, NY
Saratoga County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Stillwater 9-16-2004 by L.L. No. 7-2004. Amendments noted where applicable.]
Prior notice of defects for civil action against Town — See Ch. 145.

§ 11-1 Adoption of statutory provisions.

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.

§ 11-2 Benefits for alleged civil rights violations.

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.
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.

§ 11-3 Conditions.

The duty to defend or indemnify and save harmless prescribed by this chapter shall be conditioned upon:
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
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.