[HISTORY: Adopted by the Town Board of the Town of Amherst 3-15-1982 by L.L. No. 1-1982. Amendments noted where applicable.]
The purpose of this chapter is to provide legal and financial protection for various individuals serving the Town of Amherst, its districts and other public entities from losses arising from actions which may be brought against them in their individual capacity as a result of their acting within the scope of their public employment or duties.
[Amended 9-3-1985 by L.L. No. 4-1985; 1-21-1992 by L.L. No. 1-1992]
The Town Board of the Town of Amherst, on behalf of the Town of Amherst, New York, the various improvement and special districts therein and all commissions, agencies and corporations which the Town Board appoints or the Town funds, including, without limitation, the Amherst Public Library, the Amherst Museum Colony Park, the Town of Amherst Industrial Development Agency and the Town of Amherst Development Corporation, does hereby determine:
To confer the benefits of § 18 of the Public Officers Law of the State of New York upon the employees of the Town and of those districts, commissions, agencies, corporations and entities, as such employees are defined in said § 18 of the Public Officers Law.
That the Town and/or the districts shall be held liable for the costs incurred under these provisions.
In addition to benefits provided by said § 18 of the Public Officers Law, the benefits provided under this chapter shall include the defense of any civil action or proceeding arising out of any alleged act or omission, including alleged violations by an officer or employee of civil rights under Title 42, §§ 1981 and 1983, of the United States Code and the legal representation of any officer or employee sued, investigated, subpoenaed or otherwise requested to testify before any administrative committee or department of federal, state or Town government concerning a matter or matters within the scope of the official duties of the officer or employee, and the indemnification in the amount of any judgment or settlement or claim obtained or made in connection therewith, provided that the act or omission occurred while the officer or employee was acting in good faith and within the scope of the officer's or employee's public employment, powers or duties.
[Amended 11-3-2008 by L.L. No. 14-2008]
The benefits under § 18 of the Public Officers Law shall supplement and be available in addition to defense and indemnification protections conferred by any other provision or enactment.
[Amended 11-7-1983 by L.L. No. 4-1983; 1-21-1992 by L.L. No. 1-1992]
The Town of Amherst shall indemnify and save harmless its officers and employees, as defined in § 18 of the Public Officers Law, in the amount of any costs, attorney's fees, damages, fines or penalties which may be imposed by reason of adjudication that they, while acting within the scope of public employment or duties, have, without willfulness or intent, violated a prior order, judgment, consent, decree or stipulation of settlement entered in any court of this state or of the United States.
[Added 12-1-1986 by L.L. No. 6-1986]
The Town of Amherst shall provide for the defense for any civil action or proceeding brought against a duly appointed police officer of the Town of Amherst and shall indemnify and save harmless such police officer from any judgment of a court of competent jurisdiction whenever such action, proceeding or judgment is for punitive or exemplary damages arising out of a negligent act or other tort of such police officer committed while in the proper discharge of his duties and within the scope of his employment.