[HISTORY: Adopted by the Town Board of the Town of Carmel 2-10-1982
by L.L. No. 1-1982 (Ch. 16A of the 1972 Code). Amendments
noted where applicable.]
GENERAL REFERENCES
Code of Ethics — See Ch. 13.
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 Town, but shall not include a volunteer, any person
not compensated for his services or an independent contractor. The term "employee"
shall include a former employee, his estate or judicially appointed personal
representative.
The Town of Carmel.
A.
Upon compliance by the employee with the provisions of § 10-3 of this chapter, the Town shall provide for the defense of the employee in any civil action or proceeding, state or federal, arising out of any alleged act or omission which occurred or allegedly occurred while the employee was acting or in good faith purporting to act within the scope of his public employment or duties. Such defense shall not be provided where such civil action or proceeding is brought by or on behalf of the Town.
B.
Subject to the conditions set forth in this chapter,
the employee shall be represented by the Town Attorney or an attorney employed
or retained by the Town for the defense of the employee. The Town Board shall
employ or retain an attorney for the defense of the employee whenever the
Town does not have a Town Attorney, the Town Board determines based upon its
investigation and review of the facts and circumstances of the case that representation
by the Town Attorney would be inappropriate or a court of competent jurisdiction
determines that a conflict of interest exists and that the employee cannot
be represented by the Town Attorney. Reasonable attorney's fees and litigation
expenses shall be paid by the Town to such attorney employed or retained,
from time to time, during the pendency of the civil action or proceedings.
Payment of such fees and expenses shall be made in the same manner as payment
of other claims and expenses of the Town.
C.
Any dispute with respect to representation of multiple
employees by the Town 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, upon motion or by way of a special proceeding.
D.
Where the employee delivers process and a written request for a defense to the Town Clerk, as required by § 10-3 of this chapter, the Town Attorney shall take the necessary steps on behalf of the employee to avoid entry of a default judgment, pending resolution of any question pertaining to the obligation of the Town to provide for a defense.
The duties to defend provided in this chapter shall be contingent upon:
A.
Delivery to the Town Clerk of the original or a copy
of any summons, complaint, process, notice, demand or pleading within five
days after he is served with such document, and together with a written request
to provide for his defense.
B.
The full cooperation of the employee in the defense of
such action or proceeding and in defense of any action or proceeding against
the Town based upon the same act or omission and in the prosecution of any
appeal.
The Town shall also indemnify an employee in the event of unsuccessful
defense.
A.
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.
B.
The benefits of this chapter shall be extended to an
employee of a negotiating unit for which an agreement has been negotiated
pursuant to Civil Service Law, Article 14, only if such agreement expressly
so provides.
C.
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.
D.
Except 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 Town 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.
E.
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 chapter.
