N.Y. General Municipal Law § 50-m: Civil actions against police and peace officers of Suffolk county; defense and indemnification

§ 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.