US Laws, Codes, Statutes & Cases

 
    §  619. Civil actions against employees of the corporation. 1. As used
  in this section the following terms shall mean and include:
    a. "Corporation counsel." The corporation counsel of the city.
    b. "Employee." Any officer, director or employee of the corporation, a
  former officer, director or employee of the corporation, his  estate  or
  judicially  appointed  personal  representative. The term employee shall
  not include an independent contractor.
    2. At the request of the employee and upon compliance by the  employee
  with the provisions of subdivision four of this section, the corporation
  shall  provide  for  the  defense  of an employee in any civil action or
  proceeding in  any  state  or  federal  court  including  actions  under
  sections   nineteen   hundred   eighty-one   through   nineteen  hundred
  eighty-eight of title forty-two of the United States code arising out of
  any alleged act or omission which the corporation counsel finds occurred
  while the employee was acting within the scope of his employment and  in
  the  discharge  of  his  duties  and was not in violation of any rule or
  regulation of the corporation at the time the alleged  act  or  omission
  occurred.  This duty to provide for a defense shall not arise where such
  civil  action  or  proceeding  is  brought  by  or  on  behalf  of   the
  corporation, the city or state or any agency of either.
    3.  The corporation shall indemnify and save harmless its employees in
  the amount of any judgment obtained against such employees in any  state
  or federal court, or in the amount of any settlement of a claim approved
  by the corporation counsel and the comptroller, provided that the act or
  omission from which such judgment or settlement arose occurred while the
  employee  was  acting  within  the  scope  of  his employment and in the
  discharge of his duties  and  was  not  in  violation  of  any  rule  or
  regulation  of  the  corporation  at  the  time the alleged damages were
  sustained, the duty to indemnify and save harmless  prescribed  by  this
  subdivision  shall  not  arise  where the injury or damage resulted from
  intentional wrongdoing or recklessness on the part of the employee.  Any
  judgment  or  settlement pursuant to this section shall be a cost of the
  corporation's functions and shall be payable  from  the  moneys  of  the
  corporation.
    4.  The  duty  to  defend or indemnify and save harmless prescribed by
  this section shall be conditioned upon:
    a. Delivery to the corporation  counsel  at  the  office  of  the  law
  department  of the city by the employee of the original or a copy of any
  summons, complaint, process, notice, demand or pleading within ten  days
  after he is served with such document, and
    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
  corporation  based upon the same act or omission, and in the prosecution
  of any appeal. Such delivery shall be deemed a request by  the  employee
  that  the  corporation provide for his defense pursuant to this section.
  In the event that the corporation counsel  shall  assume  an  employee's
  defense  and thereafter the employee fails to or refuses to cooperate in
  the formation or presentation of his defense, the court shall permit the
  corporation counsel to withdraw his representation ten days after giving
  written notice to the employee of  his  intention  to  discontinue  such
  representation.
    5.  In  the  event  that  the  act  or  omission  upon which the court
  proceeding against the employee is based was or is also the basis  of  a
  disciplinary   proceeding  by  the  corporation  against  the  employee,
  representation and indemnification  pursuant  to  this  section  may  be
  withheld:
    a. Until such disciplinary proceeding has been resolved and
    b. Unless the resolution of the disciplinary proceeding exonerated the
  employee as to such act or omission.
    6.   Every  action  or  proceeding  instituted  against  an  employee,
  including an action brought to enforce a provision of sections  nineteen
  hundred  eighty-one  through  nineteen  hundred  eighty-eight  of  title
  forty-two of the United States code, shall be commenced pursuant to  the
  provisions  of  section  six hundred eighteen of this chapter and within
  one year and ninety days. No action or proceeding instituted against  an
  employee other than one instituted pursuant to sections nineteen hundred
  eighty-one  through  nineteen hundred eighty-eight of title forty-two of
  the United States code shall be prosecuted  or  maintained  against  the
  corporation  or  an employee unless notice of claim shall have been made
  and served upon the corporation in compliance with section  six  hundred
  eighteen of this chapter and within ninety days after the claim arises.
    7.  The  provisions  of this section shall not be construed to impair,
  alter, limit or modify the rights and obligations of any  insurer  under
  any policy of insurance.
    8.  The  provisions  of  this  section  shall apply to all actions and
  proceedings pending  upon  the  effective  date  thereof  or  thereafter
  instituted,  except  that  the  provisions  of  subdivision  six of this
  section shall apply only to actions and  proceedings  instituted  on  or
  after the effective date of this section.
    9. The provisions of this section shall not be construed in any way to
  impair,  alter,  limit,  modify,  or  abrogate  or restrict any immunity
  available to or conferred upon the corporation or any employee,  or  any
  right  to  defense  indemnification  provided  in accordance with, or by
  reason of, any other law.