[HISTORY: Adopted by the Town Board of the Town of Philipstown 11-3-1983
as Res. No. 63-83. Amendments noted where applicable.]
The Town Board of the Town of Philipstown does hereby adopt the provisions
of § 18 of the Public Officers Law, which provisions shall apply
to the Town of Philipstown.
The Town Board of the Town of Philipstown does hereby agree by this
chapter to confer the benefits of § 18 of the Public Officers Law
upon its officers and employees and to be held liable for the costs incurred
under said section.
The benefits accorded to officers and employees of the Town of Philipstown
hereunder shall supplement and be available in addition to any defense or
indemnification protections conferred by any other enactment.
[Added 9-5-1985 by Res. No. 23-85]
The town shall provide for the defense of any town 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 town 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. 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 public
employment, powers or duties. The provisions of this section shall be in addition
to any other statute, local law or enactment providing legal defense and indemnification
in civil actions brought against such officer or employee.
[Added 10-3-1985 by Res. No. 35-85]
The Town Board does hereby agree and intend to provide legal representation
to its officers and employees in the defense of criminal charges against them
arising in the performance of their public functions, in accordance with the
same procedures and subject to the same limitations as set forth in § 18
of the Public Officers Law, and such representation is to be provided as part
of the compensation offered to the town's employees in exchange for the
services rendered by them to the town.[1]
[Added 6-2-1994 by Res. No. 101-94]
It shall be the policy of the Town of Philipstown that, for any legal
suit brought against the town or any board, council, committee or commission
when the Town Attorney is unable to defend the suit and/or outside counsel
is necessary, the following procedure shall be followed. Expenses for such
legal services shall not exceed the appropriations as set by the Town Board.
A.
If a legal action or proceeding is brought against any
officer, employee, board, council, committee or commission of the town, the
officer, employee or Chair of such board, council, committee or commission
shall immediately inform, in writing, the Town Board, Town Clerk and Town
Attorney of such legal action or proceeding.
B.
Legal counsel to defend any officer, employee, board,
council, committee or commission of the town in any such action shall be retained
through the office of the Town Attorney, and the Town Board must approve retaining
such counsel pursuant to Town Law § 65, Subdivision 1. This does
not apply to counsel furnished or retained pursuant to any insurance policy
of the town.
C.
The only exception to the foregoing policy is when the Town Board and another officer, employee, board, council, committee or commission of the town are both sued and the office of Town Attorney cannot adequately represent the interests of such officer, employee, board, council, committee or commission because of a conflict between the Town Board and such officer, employee, board, council, committee or commission. In such case, said officer, employee, board, council, committee or commission may retain its own counsel subject to the provisions of Subsection D.
D.
Where the situation of Subsection C arises, such officer, employee, board, council, committee or commission shall inform the Town Board of the attorney to be retained and the legal fees to be charged. Such fees shall be within the limits of the budget appropriations of such officer, employee, board, council, committee or commission of the town.
E.
This policy is applicable to officers and employees of
the town, the Planning Board, the Zoning Board of Appeals, the Conservation
Advisory Council, the Wetlands Committee and any other board, council, committee
or commission of the town.
F.
The Town Board shall maintain a list of attorneys who
may be considered in selecting an attorney to represent the town or any officer,
employee, board, council, committee or commission of the town in any such
litigation. The Town Board and any officer, employee, board, council, committee
or commission shall make every reasonable effort to make selection from that
list but shall not be required to select an attorney from such list and may
select an attorney not on said list. The Town Board may add to or subtract
from the list at any time.
