§ 18. Defense and indemnification of officers and employees of public\nentities. 1. As used in this section, unless the context otherwise\nrequires:\n (a) The term "public entity" shall mean (i) a county, city, town,\nvillage or any other political subdivision or civil division of the\nstate, (ii) a school district, board of cooperative educational\nservices, or any other governmental entity or combination or association\nof governmental entities operating a public school, college, community\ncollege or university, (iii) a public improvement or special district,\n(iv) a public authority, commission, agency or public benefit\ncorporation, or (v) any other separate corporate instrumentality or unit\nof government; but shall not include the state of New York or any other\npublic entity the officers and employees of which are covered by section\nseventeen of this chapter or by defense and indemnification provisions\nof any other state statute taking effect after January first, nineteen\nhundred seventy-nine.\n (b) The term "employee" shall mean any commissioner, member of a\npublic board or commission, trustee, director, officer, employee,\nvolunteer expressly authorized to participate in a publicly sponsored\nvolunteer program, or any other person holding a position by election,\nappointment or employment in the service of a public entity, whether or\nnot compensated, but shall not include the sheriff of any county or an\nindependent contractor. The term "employee" shall include a former\nemployee, his estate or judicially appointed personal representative.\n (c) The term "governing body" shall mean the board or body in which\nthe general legislative, governmental or public powers of the public\nentity are vested and by authority of which the business of the public\nentity is conducted.\n 2. The provisions of this section shall apply to any public entity:\n (a) whose governing body has agreed by the adoption of local law,\nby-law, resolution, rule or regulation (i) to confer the benefits of\nthis section upon its employees, and (ii) to be held liable for the\ncosts incurred under these provisions; or\n (b) where the governing body of a municipality, for whose benefit the\npublic entity has been established, has agreed by the adoption of local\nlaw or resolution (i) to confer the benefits of this section upon the\nemployees of such public entity, and (ii) to be held liable for the\ncosts incurred under these provisions.\n 3. (a) Upon compliance by the employee with the provisions of\nsubdivision five of this section, the public entity shall provide for\nthe defense of the employee in any civil action or proceeding, state or\nfederal, arising out of any alleged act or omission which occurred or\nallegedly occurred while the employee was acting within the scope of his\npublic employment or duties. This duty to provide for a defense shall\nnot arise where such civil action or proceeding is brought by or at the\nbehest of the public entity employing such employee.\n (b) Subject to the conditions set forth in paragraph (a) of this\nsubdivision, the employee shall be entitled to be represented by private\ncounsel of his choice in any civil action or proceeding whenever the\nchief legal officer of the public entity or other counsel designated by\nthe public entity determines that a conflict of interest exists, or\nwhenever a court, upon appropriate motion or otherwise by a special\nproceeding, determines that a conflict of interest exists and that the\nemployee is entitled to be represented by counsel of his choice,\nprovided, however, that the chief legal officer or other counsel\ndesignated by the public entity may require, as a condition to payment\nof the fees and expenses of such representation, that appropriate groups\nof such employees be represented by the same counsel. Reasonable\nattorneys' fees and litigation expenses shall be paid by the public\nentity to such private counsel from time to time during the pendency of\n
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