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An employee who fails to appeal any such judgment or to serve the judgment within the time limits set forth herein shall not be entitled to the benefits provided herein. Conditions of defense and indemnification subject to review. ARTICLE VIII, Officers and Employees Not Covered by Collective Bargaining Agreements [Added 6-6-1983 by Ord.

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The corporation counsel's determination, original or revised, shall be in writing and served promptly upon the City employee, and if a determination is adverse to the City employee, it shall state the facts and reasons therefor.

With respect to subsections (2) and (3) the corporation counsel shall make the determination at or before the time to file or serve any answer in a civil action or proceeding; a determination favorable to the City employee may thereafter be revoked by the corporation counsel, no later than the start of trial, only if the City employee, with respect to any material and relevant acts or omissions, lied or withheld pertinent information in any investigation of the underlying incident upon which the corporation counsel relied in making his original determination and the truth or the previously withheld information causes the corporation counsel to revise the original determination.

The City hereby agrees to pay on account of any member of its Fire Department who has duly elected, or shall hereafter duly elect, to contribute the additional amount required for the purpose of retiring after 25 years of service as provided by § 384 of the Retirement and Social Security Law, or any subsequent amendments thereto, the entire additional cost on account of the fire service rendered by such officer or member of the Fire Department prior to the date of December 2, 1957, and further agrees to pay 1/2 of the additional cost on account of fire service rendered by such officer or member of the Fire Department after December 2, 1967. (8) A special proceeding brought pursuant to Article 78 of the New York Civil Practice Law and Rules shall be the exclusive method by which a City employee aggrieved by a determination of the corporation counsel with regard to defense may seek judicial review of the determination. This duty to indemnify and save harmless shall not arise where a judgment is obtained or a claim settled as a result of an action or proceeding brought by or at the behest of City itself. This section does not apply to voluntary service or training. The Council also authorizes the provision of health insurance benefits, if not provided by the United States Military, during such mobilization and for a period up to six months after demobilization from said active duty.

The City hereby agrees to pay on account of any member of the Police Department who has duly elected, or shall hereafter elect, to contribute the additional amount required for the purpose of retiring after 25 years of service as provided by § 384 of the Retirement and Social Security Law, or any subsequent amendments thereto, the entire additional cost on account of the police service rendered by such officer or member of the Police Department prior to the date of the adoption of the resolution from which this section derived, and further agrees to pay 1/2 of the additional cost on account of police service rendered by such officer or member of the Police Department after the date of adoption of said resolution. (7) If, after the City assumes an employee's defense, the employee fails or refuses to cooperate in the formation or presentation of their defense, the City may withdraw its representation upon 10 days written notice to the employee. (1) Upon compliance with this section, the City shall indemnify and save harmless a City employee in the amount of any judgment obtained against the employee in a state or federal court or administrative agency or in the amount of any settlement of a claim, in the nature of compensatory or punitive damages, including any award of attorneys' fees, provided that the employee's act(s) or omission(s) underlying the judgment or settlement occurred while the employee was exercising or performing and, as to punitive damages, was properly discharging his powers and duties within the scope of his public employment, as determined by the corporation counsel. That the Council of the City of Binghamton authorizes payment to city employees who are required to report for active duty pursuant to a United States Code Title 10 “Mobilization” (as defined in section C below) for an OCONUS (Outside Continental United States) tour or CONUS (Continental United States) tour for homeland security as a reservist or members of the National Guard the difference between their military pay and their city pay during such mobilization.

The City does hereby elect to come under the provisions of § 375-b of Article 8 of the Retirement and Social Security Law establishing a noncontributory retirement plan and ordinary death benefits for policemen and firemen and the members' contributions in the employ of the City shall be suspended and the effective date of such suspension shall be the payroll period beginning on the first day of January, 1968. Retirement benefit of one-year final average salary for police officers and fire fighters. With respect to subsection (5), the corporation counsel shall make a determination within 60 days of the return of a no-bill by the grand jury.

The City Council of the City of Binghamton does hereby elect, as provided in §§ 384-d and 384-e of the Retirement and Social Security Law, to grant twenty-year retirement plan or twenty-five-year retirement plan with 1/60th additional retirement benefits for eligible City of Binghamton police officers and fire fighters. This election shall become effective on January 1, 1973. Noncontributory retirement plan for police officers and fire fighters. (6) In making the determinations required by this section, the corporation counsel may utilize the cumulative information available at the time the corporation counsel makes the determination, including but not limited to any allegations, any type of records or any examinations or investigations by whomever conducted.

The corporation counsel shall have complete charge of the defense in any civil action or proceeding and shall have sole authority to defend or settle, subject to the approval of the Mayor, any action or proceeding or to take, not take or withdraw any appeal in the manner the corporation counsel deems appropriate. Notwithstanding any other provision of this section hereof, this section shall have no application to any civil actions, grand jury proceedings or administrative proceedings which were completed either through judgment, settlement or dismissal on any grounds prior to the effective date of this ordinance and such civil actions, grand jury proceedings or administrative proceedings shall be governed by the terms of this ordinance, where applicable.

City to pay portion of costs of coverage under statewide plan of health insurance. (2) The duties to pay for or to provide a defense and to indemnify and save harmless a compensated City employee serving ex officio or as a designated City representative on a non-city board, commission or committee shall be secondary and supplemental to any obligation to defend and indemnify and any liability insurance provided the City employee by the non-city entity on which the City employee serves. This section shall not in any way impair any powers of the corporation counsel granted by the City Charter, or any other law, revised general ordinances of the City of Binghamton, ordinance, rule or regulation. This ordinance shall take effect immediately upon becoming law and will be applicable to any claims currently pending. Continued pay and benefits for active military personnel.

The City does hereby elect to come under the provisions of Chapter 339 of the Laws of 1960, entitled, "An Act to Amend the Retirement and Social Security Law, in Relation to the Addition of Pensions Providing for Increased Take-Home Pay, Death Benefits and Reopening for a Plan for Retirement at Age Fifty-five," as thereafter amended, for the purpose of providing death benefits and pensions providing for increased take-home pay, effective January 1, 1961. Participation in state employees health insurance plan.

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