[HISTORY: Adopted by the Board of Trustees of the Village
of North Collins 12-2-2003 by L.L. No. 1-2003. Amendments noted where
applicable.]
The purpose of this chapter is to authorize the Village of North
Collins to defend and indemnify its employees for claims made against
them for their actions while in public service.
As used in this chapter, 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/her services or an independent
contractor. The term "employee" shall include a former employee, his/her
estate or judicially appointed personal representative.
Village of North Collins.
A.
Upon
compliance by the employee with the provisions of employee duty, 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 Title 42 of the United States
Code. Such defense shall not be provided where such civil action or
proceeding is brought by or on behalf of the Village against the employee.
B.
Subject
to the conditions set forth in this chapter, the employee shall be
represented by an attorney employed or retained by the Village for
the defense of the employee. Reasonable attorney's fees and litigation
expenses shall be paid by the Village or the Village's insurer
to such attorney employed or retained, from time to time, during the
pendency of the civil action or proceeding, subject to certification
by the Village Board 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 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 Mayor, as required by provisions of employee duty, the Village Board shall take the necessary steps, including the retention of an attorney under the terms and conditions provided in Subsection B, 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 provided in this chapter shall be contingent
upon delivery to the Village Mayor of the original or a copy of any
summons, complaint, process, notice, demand or pleading within five
days after the employee is served with such document and 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.
Such delivery shall be deemed a request by the employee that the Village
provide for his/her defense pursuant to this chapter, unless the employee
shall state, in writing, that a defense is not requested.
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 provision of this chapter be construed
to affect, alter or repeal any provisions of the Workers' 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 obtained by the Village or any other entity
for the purpose of providing the cost of such defense and indemnification
called for by this law.
As otherwise specifically provided in this chapter, 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 provided for any governmental officer or employee by, 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 law.
