Legislation
SECTION 50-M
Civil actions against police and peace officers of Suffolk county; defense and indemnification
General Municipal (GMU) CHAPTER 24, ARTICLE 4
§ 50-m. Civil actions against police and peace officers of Suffolk
county; defense and indemnification. 1. Notwithstanding the provisions
of any other general, special or local law, code or charter, Suffolk
county, upon discretionary adoption of a local law, ordinance,
resolution, rule or regulation, shall provide for the defense of any
civil action or proceeding brought against a duly appointed police or
peace officer, as defined in section 1.20 of the criminal procedure law,
employed by the county of Suffolk, and shall indemnify and save harmless
such officer from any judgment of a court of competent jurisdiction
whenever such action, proceeding or judgment is for damages, including
punitive or exemplary damages, arising out of a negligent act or other
tort of such officer committed while in the proper discharge of his
duties and within the scope of his employment.
2. The determination of whether any such officer properly discharged
his duties within the scope of his employment shall be made in a manner
which shall be established by rules and regulations and procedures
promulgated by the Suffolk county executive and adopted by the Suffolk
county legislature.
3. No action or special proceeding instituted hereunder shall be
prosecuted or maintained against Suffolk county or such officer unless
notice of claim shall have been made and served upon such county in
compliance with section fifty-e of this article. Every such action shall
be commenced pursuant to the provisions of section fifty-i of this
article.
county; defense and indemnification. 1. Notwithstanding the provisions
of any other general, special or local law, code or charter, Suffolk
county, upon discretionary adoption of a local law, ordinance,
resolution, rule or regulation, shall provide for the defense of any
civil action or proceeding brought against a duly appointed police or
peace officer, as defined in section 1.20 of the criminal procedure law,
employed by the county of Suffolk, and shall indemnify and save harmless
such officer from any judgment of a court of competent jurisdiction
whenever such action, proceeding or judgment is for damages, including
punitive or exemplary damages, arising out of a negligent act or other
tort of such officer committed while in the proper discharge of his
duties and within the scope of his employment.
2. The determination of whether any such officer properly discharged
his duties within the scope of his employment shall be made in a manner
which shall be established by rules and regulations and procedures
promulgated by the Suffolk county executive and adopted by the Suffolk
county legislature.
3. No action or special proceeding instituted hereunder shall be
prosecuted or maintained against Suffolk county or such officer unless
notice of claim shall have been made and served upon such county in
compliance with section fifty-e of this article. Every such action shall
be commenced pursuant to the provisions of section fifty-i of this
article.