[HISTORY: Adopted by the Board of Trustees of the Village
of Mount Morris 9-5-1985 by L.L. No. 3-1985. Amendments noted where
applicable.]
This chapter shall be entitled "A Local Law Providing for the
Defense and Indemnification of Officers and Employees of the Village
of Mount Morris."
As used in this chapter, unless the context requires otherwise,
the following terms shall have the meanings indicated:
Any person holding a position by election, appointment or
employment in the service of the Village, but shall not include a
volunteer, any person not compensated for his services or an independent
contractor. The term "employee" shall also include a former employee,
his estate or his judicially appointed personal representative.
The Village of Mount Morris.
A.
Upon
compliance by the employee with the provisions of this chapter, the
Village shall provide for the defense of the employee in any civil
action or proceeding in any state or federal court arising out of
any alleged act or omission which occurred or is alleged in the complaint
to have occurred while the employee was acting or in good faith purporting
to act within the scope of his public employment or duties or which
is brought to enforce a provision of 42 U.S.C. § 1981 or
1983. Such defense shall not be provided where such civil action or
proceeding is brought by or on behalf of the Village pursuant to authorization
of the Board of Trustees.
B.
Subject
to the conditions set forth in this chapter, the employee shall be
represented by the Village Attorney or an attorney employed or retained
by the Village for the defense of the employee. The Board of Trustees
shall employ or retain an attorney for the defense of the employee
whenever the Village does not have a Village Attorney, whenever the
Board of Trustees determines, based upon its investigation and review
of the facts and circumstances of the case, that representation by
the Village Attorney would be inappropriate or whenever a court of
competent jurisdiction determines that a conflict of interest exists
and that the employee cannot be represented by the Village Attorney.
Reasonable attorney's fees and litigation expenses shall be paid
by the Village to such attorney employed or retained, from time to
time, during pendency of the civil action or proceeding, subject to
certification by the Mayor 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 Village. Any dispute with respect to representation
of multiple employees by the Village 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.
C.
Where the employee delivers process and a request for a defense to the Village Attorney or the Mayor, as required by § 9-4 of this chapter, the Village Attorney or the Mayor, as the case may be, shall take the necessary steps, including the retention of an attorney under the terms and conditions provided in Subsection B of this section, on behalf of the employee to avoid entry of a default judgment, pending resolution of any question relating to the obligation of the Village to provide a defense.
The duties to defend and indemnify and save harmless provided
in this chapter shall be contingent upon:
A.
Delivery
to the Village Attorney or to the Mayor of 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. Such delivery
shall be deemed a request by the employee that the Village provide
for his defense pursuant to this chapter, unless the employee shall
state, in writing, that a defense is not requested.
[Amended 12-1-1988 by L.L. No. 9-1988]
B.
The
full cooperation of the employee in the defense of such action or
proceeding and defense of any action or proceeding against the Village
based upon the same act or omission and in the prosecution of any
appeal.
A.
The
Village shall indemnify and save harmless any employee whose defense
was provided pursuant to this chapter in the amount of any judgment
obtained against such employee or in the amount of any settlement
or compromise approved by the Board of Trustees. The Village shall
not indemnify and save harmless the employee where the injury or damage
resulted from intentional wrongdoing or recklessness on the part of
the employee, for any punitive or exemplary damages, fines or penalties
or for money recovered from the employee pursuant to General Municipal
Law § 51; provided, however, that the Village 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.
[Amended 12-1-1988 by L.L. No. 9-1988]
B.
The
claim or compromise settlement which may be subject to indemnification
by the Village shall not be paid unless it is presented to and approved
by the Board of Trustees.
C.
Upon
entry or final judgment against the employee or upon settlement or
compromise of a claim as approved by the Board of Trustees, the employee
shall cause to be served upon the Mayor a copy of such judgment or
settlement, personally or by certified mail, within 10 days of the
date of entry or settlement. Such judgment or settlement shall be
processed and paid in the same manner as other judgments or settlements
of claims are paid by the Village.
The benefits of this chapter will inure only to employees as
defined herein and shall not enlarge or diminish the rights of any
other party, nor shall any provisions of this chapter be construed
to affect, alter or repeal any provisions of the Worker's Compensation
Law.
The provisions of this chapter shall not be construed to impair,
alter, limit or modify the rights and obligations of any insurer under
any policy of insurance.
The provisions of this chapter shall not be construed in any
way to impair, alter, limit, modify, abrogate or restrict any immunity
available to or conferred upon any unit, entity, officer or employee
of the Village or any right to defense and indemnification provided
for any governmental officer or employee in accordance with or by
reason of any other provision of state or federal statutory or common
law.
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.
