§ 402-a. Defense and indemnification in civil actions against\nemployees of the New York city housing authority. 1. As used in this\nsection, the term "employee" shall mean the members, including the\nchairman of the New York city housing authority appointed by the mayor\nof the city of New York, officers, employees, or a former employee, his\nor her estate or judicially appointed personal representative. The term\n"employee" shall not include an independent contractor.\n 2. At the request of the employee, and upon compliance by the employee\nwith the provisions of this section, the New York city housing authority\nshall provide for the defense of an employee in any civil action or\nproceeding in any state or federal court, arising out of any alleged act\nor omission which the New York city housing authority finds occurred\nwhile the employee was acting within the scope of his or her public\nemployment and in the discharge of his or her public duties and was not\nin violation of any rule or regulation of the New York city housing\nauthority at the time the alleged act or omission occurred. This duty to\nprovide for a defense and indemnification shall not arise where such\ncivil action or proceeding is brought by or on behalf of the New York\ncity housing authority against the employee. A member of the New York\ncity housing authority police force, when within the geographical limits\nof his or her jurisdiction, although excused from official duty at the\ntime, for the purposes of this section, shall be deemed to be acting in\nthe discharge of duty when engaged in the immediate and actual\nperformance of a public duty imposed by law and such public duty\nperformed was for the benefit of all the citizens of the community, and\nthe New York city housing authority derived no special benefit in its\ncorporate capacity.\n 3. The New York city housing authority shall indemnify and save\nharmless its employees in the amount of any civil judgment obtained\nagainst such employees in any state or federal court, or in the amount\nof any settlement of a claim approved by the New York city housing\nauthority provided that the act or omission from which such judgment or\nsettlement arose occurred while the employee was acting within the scope\nof his or her public employment and in the discharge of his or her\npublic duties and was not in violation of any rule or regulation of the\nNew York city housing authority at the time the alleged damages were\nsustained.\n 4. The duty to indemnify and save harmless prescribed by this section\nshall not arise where the injury or damage resulted from an intentional\nwrongdoing, or recklessness on the part of the employee.\n 5. Nothing in this section shall authorize the New York city housing\nauthority to indemnify or save harmless an employee with respect to\npunitive or exemplary damages, fines or penalties.\n 6. The duty to defend and indemnify and save harmless prescribed by\nthis section shall be conditioned upon (i) delivery by the employee to\nthe chairman, general manager or general counsel of the New York city\nhousing authority at the office of the New York city housing authority\nof the original or a copy of any summons, complaint, claim, process,\nnotice, demand or pleading within ten days after the employee is served\nwith such document, and (ii) the full cooperation of the employee in the\ndefense of such action or proceeding and in defense of any action or\nproceeding against the New York city housing authority based upon the\nsame act or omission, and in the prosecution of any appeal. Such\ndelivery shall be deemed a request by the employee that the New York\ncity housing authority provide for his or her defense pursuant to this\nsection. In the event that the New York city housing authority shall\nassume an employee's defense and thereafter the employee fails or\nrefuses to cooperate in the formation or presentation of his or her\ndefense, the court shall permit the New York city
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