Village of New Hempstead, NY
Rockland County
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[HISTORY: Adopted by the Board of Trustees of the Village of New Hempstead 9-1-1983 by L.L. No. 3-1983. Amendments noted where applicable.]
GENERAL REFERENCES
Boards, commissions and committees — See Ch. 13.
Code of Ethics — See Ch. 32.
Officers and employees — See Ch. 68.
As used in this chapter, unless the context otherwise requires, the following terms shall have the meanings indicated:
EMPLOYEE
Any commissioner, member of a public board or commission, trustee, director, officer, employee, volunteer expressly authorized to participate in a publicly sponsored volunteer program, or any other person holding a position by election, appointment or employment in the service of a public entity, whether or not compensated, but shall not include the sheriff of any county or an independent contractor. The term "employee" shall include a former employee, his estate or judicially appointed personal representative.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
VILLAGE
The Village of New Hempstead.
A. 
Upon compliance by the employee with the provisions of § 25-3 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 in good faith or 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 attorney's 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 written request for a defense to the Village Attorney or the Mayor as required by § 25-3 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 defense.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
D. 
The Village shall provide for the defense of any Village officer or employee in any civil action or proceeding arising out of any alleged act or omission in which it is alleged that the officer or employee has violated the civil rights of the claimant, petitioner or plaintiff under Sections 1981 and 1983 of the United States Civil Rights Act. The Village shall indemnify and save harmless such officer or employee in the amount of any judgment or settlement of claim obtained against such officer or employee, including punitive and exemplary damages. Such legal defense and indemnification shall be provided where the officer or employee, at the time of such alleged act or omission, was acting in good faith and within the scope of his/her public employment, powers or duties. This subsection shall apply to any pending or future litigation or claims.
[Amended 9-25-2000 by L.L. No. 2-2000]
A. 
The duties to defend provided in this chapter shall be contingent upon:
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(1) 
Delivery to the Village Attorney or, if none, to the Mayor of the original or a copy of any summons, complaint, process, notice, demand or pleading in accordance with and pursuant to the applicable provisions of Public Officers Law § 18, as may be amended from time to time; and
(2) 
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;
(3) 
Delivery by the employee to the Village Attorney or, if none, to the Mayor of a written request to provide for his defense.
B. 
Such delivery shall be deemed a request by the employee that the Village provide for his or 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.
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 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.