Town of Austerlitz, NY
Columbia County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Austerlitz as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES

Ethics — See Ch. 27.

Officers and employees — See Ch. 45.

Prior notice of defects required for civil actions — See Ch. 138.

ARTICLE I
Payment of Legal Expenses (§ 20-1 — § 20-3) 

[Adopted 8-11-1994 by L.L. No. 1-1994]

§ 20-1
Payment or reimbursement by Town; exceptions. 

§ 20-2
Applicability. 

§ 20-3
Construal of provisions. 

§ 20-1 Payment or reimbursement by Town; exceptions.

The Town Board is hereby authorized to pay or reimburse the reasonable attorneys' fees and litigation expenses incurred by or on behalf of a Town officer or employee in his or her defense of any civil or criminal proceeding in a state or federal court arising out of any act which occurred while any such officer or employee was acting in good faith within the scope of his or her public employment or duties, provided that no payment or reimbursement for any attorneys' fees or litigation expenses shall be made with regard to any criminal proceeding unless such proceeding is terminated by:

A. 

Acquittal;

B. 

Dismissal of the criminal charges against said employee; or

C. 

Adjournment of said proceeding in contemplation of dismissal, as provided in § 170.55 of the Criminal Procedure Law of the State of New York.

§ 20-2 Applicability.

This article shall authorize payment for or reimbursement of attorneys' fees and litigation expenses incurred either before or after the effective date hereof, provided that application for payment or reimbursement of any such previously incurred fees or expenses shall be submitted by the Town officer or employee involved to the Town Board within 30 days after the effective date hereof.

§ 20-3 Construal of provisions.

The provisions hereof shall be in addition to and not in replacement of any other statutory provisions for payment or reimbursement of legal expenses of Town officers or employees. In addition, this article expressly supersedes any inconsistent provisions of § 18 of the Public Officers Law of the State of New York and § 65 of the Town Law of the State of New York.