DATED: 1984

COUNTY OF MONTGOMERY
LOCAL LAW NO.2 OF THE YEAR 1984
(Introductory Local Law No.3 For The Year 1984)
A LOCAL LAW TO PROVIDE FOR THE LEGAL DEFENSE AND
INDEMNIFICATION FOR LIABILITY FOR ANY ACT OR
OMISSION OF MONTGOMERY COUNTY EMPLOYEES WHILE
ACTING WITHIN THE SCOPE OF THEIR. DUTIES.
Be it Enacted by the Montgomery. County Board of Supervisors as
follows:

Section 1. As used in the Local Law, unless the context otherwise
requires:
a. The term employee shall mean: any commissioner, member of a
public board or commission, trustee, director, officer, employee,
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
a public entity, whether or not compensated, but shall not Include
an independent contractor.
b. The term employee shall include a former employee, his estate
or judicially appointed representative.
c. The term County shall mean the County of Montgomery.
d. The term Board shall mean the Montgomery County Board of
Supervisors.

Section 2. The County will:
a. Provide for the cost of the defense of an employee who may
select any attorney of his choice to defend. him whenever the
County Attorney determines that a conflict of interest exists, or, If
a court on appropriate motion, determines such to be the case, and
that the employee is entitled to be represented by an attorney of
his choice.
b. The County Attorney shall determine as a condition to the
payment of legal fees and expenses, that appropriate groups of
employees be represented by the same couns~1. Reasonable
attorney's fees and litigation expenses shall. be paid by the County
to such private counsel, from time to time, during the legal
proceedings, with the approval of the Board.
c. The County will indemnify and save harmless any employee
for the amount of any judgment or settlement provided the act or
omission of the employee occurred while he was acting within the
scope of his public employment as provided by Section 18 of the
New York State Public Officers law.
d. The County Board must approve the settlement of any and all
claims against any and all employees. . . ..
e. The Board may purchase insurance against any liability
imposed under this legislation or it may elect to act as self -Insurer.
f. The County shall not defend - indemnify or save harmless any
employee for any intentional wrongdoing, recklessness or with
respect to punitive or exemplary damages, fines, penalties or
money recovered from any employee pursuant to Section 51 of the
General Municipal Law.
Section 3. The employee is required:
a. To make a formal request for his defense to his department
head and/or to the County Administrator.
b. To deliver to the County Attorney and to the County
Administrator the original of any summons, complaint, process,
notice, demand or pleading within five days after he is served
with such document.
c. To cooperate in the defense of any action or proceeding and
defense of any action or proceeding against the County based
upon the same act or omission, and in the prosecution of any
appeal. ..
d. To deliver any summons, complaint, process, notice, demand or
pleading shall be deemed a request by the employee that the
County provide for his defense Pursuant to this local law, unless
the employee shall state in writing that a defense IS not requested.
Section 4. The benefits provided by this local law are exclusive
unless the Board provides otherwise. .
Section 5. The benefits of this local law will inu.re. only to
employees as defined herein and shall not enlarge or diminish the
rights of any other party nor shall any provision of this local law
be construed to affect, alter or repeal any provisions of the
Workers' Compensation Law.
Section 6. The benefits of this local la w shall be extended to an
employee of a negotiating unit for which an agreement has been
negotiated pursuant to Civil Service Law, Article 14 only If such
agreement expressly so provides.
Section 7. The provisions of this local law shall not be construed
to impair, alter, limit or modify the rights and obligations of any
insurer under any policy of insurance.

Section 8. As otherwise specifically provided in this local law, the
provisions of this local law shall not be construed in any way to
impair, alter, limit, modify, abrogate or restrict any immunity
available to or conferred upon any unit, entity, officer or
employee of the County or any right to defense provided for any
governmental officer or employee by, in accordance with, or by
reason, any other provision of state or federal statutory or
common law.

Section 9. The provisions of this local law shall apply to all
actions and proceedings specified herein which have been
commenced, instituted or brought on or after the effective date of
this local law.

Section 10. This local law shall take effect immediately upon
filing in the Office of the Secretary of State.