§ 10-3. Defense against legal actions; employment of private counsel.  


Latest version.
  • A. 
    Upon compliance by the employee with the provisions of § 10-5 of this chapter, the village shall provide for the defense of the employee in any civil action or proceeding in any state or federal court arising out of any alleged act or omission which occurred or which is alleged in the complaint to have occurred while the employee was acting within the scope of his public employment or duties or which is brought to enforce a provision of Section 1981 or 1983 of Title 42 of the United States Code. This duty to provide for a defense shall not arise where such civil action or proceeding is brought by or on behalf of the village.
    B. 
    Subject to the conditions set forth in § 10-5, the employee shall be entitled to be represented by the Attorney for the village; provided, however, that the employee shall be entitled to representation by private counsel of his choice in any civil judicial proceeding whenever the Attorney for the village determines, based upon his investigation and review of the facts and circumstances of the case, that representation by the Attorney for the village would be inappropriate or whenever a court of competent jurisdiction, upon appropriate motion or by a special proceeding, determines that a conflict of interest exists and that the employee is entitled to be represented by private counsel of his choice. The Attorney for the village shall notify the employee in writing of such determination that the employee is entitled to be represented by private counsel of his choice. The Attorney for the village may require, as a condition to payment of the fees and expenses of such representation, that appropriate groups of such employees be represented by the same counsel. If the employee or group of employees is entitled to representation by private counsel under the provisions of this section, the Attorney for the village shall so certify to the Village Board. Reasonable attorney's 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, subject to certification that the employee is entitled to representation under the terms of this section by the head of the department, commission, division, office or agency in which such employee is employed and upon an audit and warrant of the Mayor. 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 the court upon motion or by way of a special proceeding.
    C. 
    Where the employee delivers process and a request for a defense to the Attorney for the village as required by § 10-5 of this chapter, the Attorney shall take the necessary steps, including the retention of private counsel under the terms and conditions provided in Subsection B above, on behalf of the employee to avoid entry of a default judgment pending resolution of any question pertaining to the obligation to provide for a defense.