[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:
A.
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.
B.
That the Town and/or the districts shall be held liable for the costs
incurred under these provisions.
C.
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.
