[HISTORY: Adopted by the Town Board of the Town of Dickinson 5-9-1984 by L.L. No.
1-1984 (Ch. 7 of the 1983 Code). Amendments noted
where applicable.]
The purpose of this chapter is to provide legal and financial
protection for various individuals serving the Town of Dickinson,
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.
The Town Board of the Town of Dickinson, on behalf of the Town
of Dickinson, New York, the various improvements and special districts
therein and all commissions, agencies and corporations which the Town
Board appoints or the Town funds, does hereby determine:
A.
To confer the benefits of § 18 of the Public Officers Law
of the State of New York, with the exception of § 18, Subdivision
3(b) thereof, upon the employees and officers of the Town and those
districts, commissions, agencies and corporations.
B.
That § 28-3 of this chapter shall be substituted for § 18, Subdivision 3(b), of the Public Officers Law of the State of New York in its application to the Town of Dickinson.
C.
That the Town and/or the districts shall be held liable for the costs
incurred under those provisions.
A.
Subject to the conditions set forth in § 18 of the Public
Officers Law and in lieu of the provisions of § 18, Subdivision
3(b) thereof, in an action under this section 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:
(1)
The Town does not have a Town Attorney;
(2)
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
(3)
A court of competent jurisdiction determines that a conflict of interest
exists and that the employee cannot be represented by the Town Attorney.
B.
Reasonable attorneys' 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.
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.
The Town of Dickinson shall indemnify and save harmless its
employees in the amount of any costs, attorneys' fees, damages, fines
or penalties which may be imposed by reason of an adjudication that
an employee, acting within the scope of his public employment or duties,
has, without willfulness or intent on his part, violated a prior order,
judgment, consent, decree or stipulation of settlement entered in
any court of this state or of the United States.
The provisions of this chapter shall apply to all actions and
proceedings specified herein which have been commenced, instituted
or brought on or after the effective date of this chapter.
