[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.]
As used in this chapter, unless the context otherwise requires,
the following terms shall have the meanings indicated:
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)]
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.