Village of Johnson City, NY Chapter 9 Defense and Indemnification

[HISTORY: Adopted by the Board of Trustees of the Village of Johnson City 3-4-2008 by L.L. No. 1-2008. Amendments noted where applicable.]

GENERAL REFERENCES

Ethics — See Ch. 15.

Personnel policies — See Ch. 55.

§ 9-1 Statutory authority; title.

This chapter is adopted pursuant to the authority of § 18 of the Public Officers Law of the State of New York and shall be known as the "Defense and Indemnification Law of the Village of Johnson City."

§ 9-2 Purpose.

This chapter provides for the legal defense and indemnification of judgments against employees of the Village pursuant to § 18 of the Public Officers Law.

§ 9-3 Definitions.

For the purpose of this chapter, the following terms shall have the meanings given herein:

EMPLOYEE

Any person who is an officer or employee of the Village of Johnson City, or any member of any Village board, council or commission or a volunteer expressly authorized to participate in a Village-sponsored volunteer program, or any other person holding a position by election, appointment or employment in the service of the Village, whether or not compensated. The term "employee" shall include a former employee, his or her estate or judicially approved personal representative, but shall not include an independent contractor.

VILLAGE

The Incorporated Village of Johnson City, County of Broome, State of New York.

§ 9-4 Benefits of statute conferred on employees.

By the adoption of this chapter, the Village hereby agrees to confer upon its employees the benefits of § 18 of the Public Officers Law of the State of New York and to be held liable for the costs incurred under its provisions.

§ 9-5 Responsibility of Village.

Subject to the terms, provisions and conditions contained in said Public Officers Law, the Village shall provide for the legal defense and indemnification of its employees for acts or omissions which occurred while they were acting or, in good faith, purporting to act within the scope of their public employment or duties.

§ 9-6 Resolution of disputes.

Any dispute as to whether an employee was acting or, in good faith, purporting to act within the scope of his or her employment or duties shall be resolved by the Board of Trustees, which shall review and consider the facts and circumstances out of which the complaint arose. The Board of Trustees need not limit its review to the allegations contained in the legal proceedings and may reassess any determination based on additional evidence or subsequent developments in the action or proceeding.