§ 619. Civil actions against employees of the corporation. 1. As used\nin this section the following terms shall mean and include:\n a. "Corporation counsel." The corporation counsel of the city.\n b. "Employee." Any officer, director or employee of the corporation, a\nformer officer, director or employee of the corporation, his or her\nestate or judicially appointed personal representative. The term\nemployee shall not include an independent contractor.\n 2. At the request of the employee and upon compliance by the employee\nwith the provisions of subdivision four of this section, the corporation\nshall provide for the defense of an employee in any civil action or\nproceeding in any state or federal court including actions under\nsections nineteen hundred eighty-one through nineteen hundred\neighty-eight of title forty-two of the United States code arising out of\nany alleged act or omission which the corporation counsel finds occurred\nwhile the employee was acting within the scope of his employment and in\nthe discharge of his duties and was not in violation of any rule or\nregulation of the corporation at the time the alleged act or omission\noccurred. This duty to provide for a defense shall not arise where such\ncivil action or proceeding is brought by or on behalf of the\ncorporation, the city or state or any agency of either.\n 3. The corporation shall indemnify and save harmless its employees in\nthe amount of any judgment obtained against such employees in any state\nor federal court, or in the amount of any settlement of a claim approved\nby the corporation counsel and the comptroller, provided that the act or\nomission from which such judgment or settlement arose occurred while the\nemployee was acting within the scope of his employment and in the\ndischarge of his duties and was not in violation of any rule or\nregulation of the corporation at the time the alleged damages were\nsustained, the duty to indemnify and save harmless prescribed by this\nsubdivision shall not arise where the injury or damage resulted from\nintentional wrongdoing or recklessness on the part of the employee. Any\njudgment or settlement pursuant to this section shall be a cost of the\ncorporation's functions and shall be payable from the moneys of the\ncorporation.\n 4. The duty to defend or indemnify and save harmless prescribed by\nthis section shall be conditioned upon:\n a. delivery to the corporation counsel at the office of the law\ndepartment of the city by the employee of the original or a copy of any\nsummons, complaint, process, notice, demand or pleading within ten days\nafter he or she is served with such document, and\n b. the full cooperation of the employee in the defense of such action\nor proceeding and in defense of any action or proceeding against the\ncorporation based upon the same act or omission, and in the prosecution\nof any appeal. Such delivery shall be deemed a request by the employee\nthat the corporation provide for his or her defense pursuant to this\nsection. In the event that the corporation counsel shall assume an\nemployee's defense and thereafter the employee fails to or refuses to\ncooperate in the formation or presentation of his or her defense, the\ncourt shall permit the corporation counsel to withdraw his or her\nrepresentation ten days after giving written notice to the employee of\nhis or her intention to discontinue such representation.\n 5. In the event that the act or omission upon which the court\nproceeding against the employee is based was or is also the basis of a\ndisciplinary proceeding by the corporation against the employee,\nrepresentation and indemnification pursuant to this section may be\nwithheld:\n a. until such disciplinary proceeding has been resolved, and\n b. unless the resolution of the disciplinary proceeding exonerated the\nemployee as to such act or omission.\n 6. Every action or proceeding instituted against an employee,\nincluding an action brought to enforce
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