§ 20-102. Civil rights., Article XV. Defense and Indemnification, Chapter 20. Departments and Bureaus, Code of Ordinances, Brookhaven

The Town shall provide for the defense of any Town, Town of Brookhaven Industrial Development Agency and Town of Brookhaven Resource Recovery Agency employee in any civil action or proceeding arising out of any alleged act or omission in which it is alleged that the employee has violated the civil rights of the claimant, petitioner or plaintiff under Sections 1981 through 1988 of Title 42 of the United States Code, so long as at the time of such alleged act or omission the employee was acting in good faith and within the scope of what would otherwise be his/her authorized public employment, powers or duties.

The Town shall indemnify and save harmless said employee in the amount of any judgment or settlement of claim obtained against such employee arising out of any alleged act or omission in which it is alleged that the employee has violated the civil rights of the claimant, petitioner or plaintiff under Sections 1981 through 1988 of the United States Civil Rights Act, so long as at the time of such alleged act or omission the employee was acting in good faith and within the scope of what would otherwise be his/her authorized public employment.

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 employees.

The determination of the issues of whether or not an employee was acting within what would otherwise be the scope of public employment, powers or duties or whether or not an employee was acting in good faith at the time of the occurrence or act or omission giving rise to the claim shall be made in the first instance by the Town Attorney.

Nothing contained in this article shall be construed to authorize the Town to indemnify and save harmless any individual prohibited from receiving such indemnity under § 18 of the Public Officers Law.