[HISTORY: Adopted by the Board of Trustees of the Village
of Wesley Hills 10-19-1983 by L.L. No. 2-1983. Amendments noted where
applicable.]
GENERAL REFERENCES
Code of Ethics — See Ch. 21.
As used in this chapter, unless the context otherwise requires,
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 or her services or an
independent contractor. The term "employee" shall include a former
employee, his estate or judicially appointed personal representative.
The Village of Wesley Hills.
A.
Upon compliance by the employee with the provisions of § 14-3 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 or her public employment or duties. Such defense shall not be provided where such civil action or proceeding is brought by or on behalf of the Village.
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,
or 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 a court of competent
jurisdiction or the Village Attorney determines that a conflict of
interest exists and that the employee cannot be represented by the
Village Attorney. Reasonable attorneys' fees and all litigation
expenses shall be paid by the Village to such attorney employed or
retained from time to time during the 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 § 14-3 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 provided in this chapter shall be contingent
upon:
A.
Delivery to the Village Attorney or, if none, to the Mayor of a written
request to provide for his defense, together with the original or
copy of any summons, complaint, process, notice, demand or pleading
within 10 days after he or she is served with such document; and
B.
The full cooperation of the employee in the defense of such action
or proceeding and the defense of any action or proceeding against
the Village based upon the same act or omission and in the prosecution
of any appeal.
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.
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 pending or which shall have been commenced
or instituted on or after the effective date of this chapter.
