§ 11-1.
Purpose and intent.
§ 11-2.
Terms of this chapter.
§ 11-3.
Defense of officers and employees.
§ 11-4.
Employee defined.
§ 11-5.
Limited right to defense.
§ 11-6.
Limited right to private representation.
§ 11-7.
Disputes.
§ 11-8.
Duty to avoid default.
§ 11-9.
Payment of judgments.
§ 11-10.
Exception for intentional wrongdoing or
negligence.
§ 11-11.
Exception for certain damages and penalties.
§ 11-12.
Final judgments.
§ 11-13. Conditions on duty to defend.
§ 11-14.
Parties covered.
§ 11-15.
Other notices.
§ 11-16.
Applicability of other provisions.
[HISTORY: Adopted by the Board of Trustees of the
§ 11-1. Purpose and intent.
The purpose of this chapter is to
provide the Village with the authority established under § 18 of the Public
Officers Law of the State of New York to defend and hold harmless the employees
and officers of the Village of Lansing against costs and losses incurred in
connection with civil litigation brought against them in either their official
or individual capacity for actions or omissions which occurred while the
employee or officer was acting within the scope of his or her duties for the
Village of Lansing. The intent of this chapter is to set forth the terms and
conditions of such defense and indemnification.
§ 11-2. Terms of this chapter.
The
following provisions shall constitute the text of the
§ 11-3. Defense of officers and employees.
Subject to the limitations set forth in
subsequent sections of this chapter, the Village of Lansing desires to and
hereby does provide for the defense of its officers and employees, whether the
individual is sued individually or in his or her capacity as a Village officer
or employee, in all civil actions and proceedings, whether in State or federal
court, based on acts or omissions alleged to have occurred while the officer or
employee was acting within the scope of his or her duties for the Village of
Lansing or any agency thereof.
§ 11-4. Employee defined.
The term "employee" shall mean any
commissioner, member of a public board, council, committee, agency or
commission, trustee, director, officer, employee or 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 the Village of Lansing, whether or not compensated. The term
"employee" shall include a former employee, his or her estate or judicially
appointed personal representative.
§ 11-5. Limited right to defense.
Following compliance with the provisions
of § 11-13 of this chapter, the Village of Lansing shall defend or provide for
the defense of its employees and officers 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 within the scope of his or her
public employment or duties. This duty to provide for a defense shall not arise
where such civil action or proceeding is brought by or at the behest of the
Village.
§ 11-6. Limited right to private representation.
Subject to the conditions set forth in §
11-5 above, the employee shall be entitled to be represented by private counsel
of his or her choice in any civil action or proceeding whenever the Village
Attorney or other counsel designated by the Village determines that a conflict
of interest exists, or whenever a court, upon appropriate motion or otherwise by
special proceeding, determines that a conflict of interest exists and that the
employee is entitled to be represented by counsel of his or her choice. The
Village Attorney or other counsel designated by the Village may require, as a
condition of the payment of the fees and expenses of such representation, that
appropriate groups of employees be represented by the same counsel. Reasonable
attorneys' fees and litigation expenses shall be paid by the Village to such
private counsel from time to time during the pendency of the civil action or
proceeding with the approval of the Trustees of the
Village.
§ 11-7. Disputes.
Any dispute with respect to
representation of multiple employees by a single counsel or the amount of
litigation expenses or the reasonableness of attorney's fees shall be resolved
by a court upon motion or by way of a special proceeding if it cannot be
resolved by the employee and the Village Attorney or the Village
Trustees.
§ 11-8. Duty to avoid default.
Where an employee delivers process and a
written request for defense to the Village pursuant to § 11-13 below, the
Village shall take the necessary steps on behalf of the employee to avoid the
entry of a default judgment pending resolution of any question pertaining to the
obligation to provide a defense.
§ 11-9. Payment of judgments.
The Village shall indemnify and save
harmless its employees in the amount of any judgment obtained against such
employees in a State or federal court, or in the amount of any settlement of a
claim, provided that the act or omission from which such judgment or claim arose
occurred while the employee was acting within the scope of his or her public
employment or duties; provided, further, that in the case of a settlement the
duty to indemnify and save harmless shall be conditioned upon the approval of
the amount of settlement by the Trustees of the Village of
Lansing.
§ 11-10. Exception for intentional wrongdoing or negligence.
Except as otherwise provided by
applicable law, the Village shall have no obligation or duty to indemnify and
save harmless its employees in any event that the injury or damage resulted from
intentional wrongdoing or recklessness on the part of the
employee.
§ 11-11. Exception for certain damages and penalties.
Notwithstanding any provision of this
chapter that could be construed to the contrary, the Village shall have no duty
to indemnify or save harmless an employee with respect to punitive or exemplary
damages, fines or penalties or money recovered from an employee pursuant to § 51
of the General Municipal Law; provided, however, that the Village shall
indemnify and save harmless its employees in the amount of any costs, attorneys'
fees, damages, fines or penalties which may be imposed, by reason of an
adjudication that an employee, acting within the scope of his public employment
or duties, has, without willfulness or intent on his part, violated a prior
order, judgment, consent decree or stipulation of settlement entered in any
court of the State of New York or of the United States.
§ 11-12. Final judgments.
Upon entry of a final judgment against the employee
or upon the settlement of the claim, the employee shall serve a copy of such
judgment or settlement, personally or by certified or registered mail within
thirty (30) days of the date of entry or settlement, upon the Mayor of the
Village; and if not inconsistent with the provisions of this chapter, the amount
of such judgment or settlement shall be paid by the Village.
§ 11-13. Conditions on duty to defend.
The duty to defend or indemnify and save
harmless prescribed by this chapter shall be conditioned
upon:
A. Delivery by the employee to the Village Attorney of a written request to provide for the employee's defense, together with the original or a copy of any summons, complaint, process, notice, demand or pleading, within ten (10) days after the employee is served with such document; and
B. The full cooperation of the employee in the defense of any such action or proceeding, in the defense of any action or proceeding against the Village based on the same act or omission and in the prosecution of any appeal.
§ 11-14. Parties covered.
The benefits of this chapter shall 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 Article be construed to
effect, alter or repeal any provision of the workers' compensation
law.
§ 11-15. Other notices.
This chapter does not in any way effect
the obligation of any claimant to give notice to the Village as required under
Section Ten of the Court of Claims Act, § 50-e of the General Municipal Law or
any other provision of law.
§ 11-16. Applicability of other provisions.
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 to liability available to or conferred upon any unit, entity, officer or employee of the Village of Lansing by, in accordance with or by reason of any other provision of New York State or federal statutory or common law.