NY Pub Hsg L § 402-A (2021)
2021 New York Laws PBG - Public Housing Article 13 - Municipal Housing Authorities, Created Title 1 - New York City Housing Authority 402-A - Defense and Indemnification in Civil Actions Against Employees of the New York City Housing Authority.

§   402-a.  Defense  and  indemnification  in  civil  actions  against   employees of the New York city housing authority.   1. As used  in  this   section,  the  term  "employee"  shall  mean  the members, including the   chairman of the New York city housing authority appointed by  the  mayor   of  the city of New York, officers, employees, or a former employee, his   or her 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 this section, the New York city housing authority   shall  provide  for  the  defense  of an employee in any civil action or   proceeding in any state or federal court, arising out of any alleged act   or omission which the New York city  housing  authority  finds  occurred   while  the  employee  was  acting  within the scope of his or her public   employment and in the discharge of his or her public duties and was  not   in  violation  of  any  rule  or regulation of the New York city housing   authority at the time the alleged act or omission occurred. This duty to   provide for a defense and indemnification shall  not  arise  where  such   civil  action  or  proceeding is brought by or on behalf of the New York   city housing authority against the employee. A member of  the  New  York   city housing authority police force, when within the geographical limits   of  his  or her jurisdiction, although excused from official duty at the   time, for the purposes of this section, shall be deemed to be acting  in   the  discharge  of  duty  when  engaged  in  the  immediate  and  actual   performance of a public  duty  imposed  by  law  and  such  public  duty   performed  was for the benefit of all the citizens of the community, and   the New York city housing authority derived no special  benefit  in  its   corporate capacity.3.  The  New  York  city  housing  authority  shall indemnify and save   harmless its employees in the amount  of  any  civil  judgment  obtained   against  such  employees in any state or federal court, or in the amount   of any settlement of a claim approved  by  the  New  York  city  housing   authority  provided that the act or omission from which such judgment or   settlement arose occurred while the employee was acting within the scope   of his or her public employment and in  the  discharge  of  his  or  her   public  duties and was not in violation of any rule or regulation of the   New York city housing authority at the time  the  alleged  damages  were   sustained.4.  The duty to indemnify and save harmless prescribed by this section   shall not arise where the injury or damage resulted from an  intentional   wrongdoing, or recklessness on the part of the employee.5.  Nothing  in this section shall authorize the New York city housing   authority to indemnify or save harmless  an  employee  with  respect  to   punitive or exemplary damages, fines or penalties.6.  The  duty  to defend and indemnify and save harmless prescribed by   this section shall be conditioned upon (i) delivery by the  employee  to   the  chairman,  general  manager or general counsel of the New York city   housing authority at the office of the New York city  housing  authority   of  the  original  or  a copy of any summons, complaint, claim, process,   notice, demand or pleading within ten days after the employee is  served   with such document, and (ii) the full cooperation of the employee in the   defense  of  such  action  or proceeding and in defense of any action or   proceeding against the New York city housing authority  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  New  York   city  housing  authority provide for his or her defense pursuant to this   section. In the event that the New York  city  housing  authority  shall   assume  an  employee's  defense  and  thereafter  the  employee fails or   refuses to cooperate in the formation or  presentation  of  his  or  her    defense,  the  court shall permit the New York city housing authority to   withdraw its representation ten days after giving written notice to  the   employee of its intention to discontinue such representation.7.  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 New York city housing authority against   the employee, representation and indemnification by the  New  York  city   housing  authority,  as  set  forth in this section, may be withheld (i)   until such disciplinary proceeding has been resolved and (ii) unless the   resolution of the disciplinary proceeding exonerated the employee as  to   such act or omission.8.  Subject  to the conditions set forth in this section, the employee   shall be entitled to representation by the general counsel  of  the  New   York  city  housing authority or by any attorney or attorneys designated   by the general counsel, provided, however, that the  employee  shall  be   entitled  to  be  represented by private counsel of his or her choice in   any civil action or  proceeding  whenever  the  New  York  city  housing   authority  determines  that  representation  would  be inappropriate, or   whenever a court, upon appropriate motion  or  otherwise  by  a  special   proceeding,  determines  that a conflict of interest exists and that the   employee is entitled  to  be  represented  by  private  counsel  of  the   employee's  choice.  The  general  counsel  of the New York city housing   authority shall notify the employee in  writing  of  such  determination   that  the  employee  is  entitled  to be represented by private counsel.   Provided, however, that the New York city housing authority 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.  Reasonable attorneys' fees and litigation expenses   shall  be  paid  by  the New York city housing authority to such private   counsel from time to time during the pendency of  the  civil  action  or   proceeding.9. Any dispute with respect to representation of multiple employees by   a  single counsel or the reasonableness of attorneys' fees or the amount   of litigation expenses shall be resolved by the court upon motion or  by   way of a special proceeding.10.  The  benefits  of  this  section shall inure only to employees as   defined herein and shall not enlarge or diminish the rights of any other   party nor shall any provision of this section be  construed  to  affect,   alter or repeal any provision of the workers' compensation law.11.  The  provisions of this section shall not be construed in any way   to impair, alter, limit or modify the  rights  and  obligations  of  any   insurer under any policy of insurance.12.  Except  as  otherwise  specifically provided in this section, the   provisions of this section 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, member, officer or employee of the  New   York   city   housing   authority,   or  any  right  to  defense  and/or   indemnification provided for any member,  officer  or  employee  by,  in   accordance  with, or by reason of, any other provision of state, federal   or local law or common law.13. Every action or proceeding instituted pursuant to  the  provisions   of  this  section  shall  be  commenced  pursuant to section one hundred   fifty-seven of this chapter and within one  year  and  ninety  days.  No   action  or  proceeding  instituted  pursuant  to  the provisions of this   section shall be prosecuted or maintained  against  the  New  York  city   housing  authority,  or an officer or employee thereof, unless notice of   claim or demand shall have been made and served upon the New  York  city    housing  authority in compliance with section one hundred fifty-seven of   this chapter and within ninety days after the claim arises.14. If any provision of this section or the application thereof to any   person  or circumstance be held unconstitutional or invalid, in whole or   in part by any court, such holding of unconstitutionality or  invalidity   shall  in no way affect or impair any other provision of this section or   the  application  of  any  such  provision  to  any  other   person   or   circumstance.15.  The  provisions  of  this  section shall apply to the actions and   proceedings set forth herein notwithstanding any inconsistent provisions   of state or local law.