This chapter shall be entitled "A Local Law Providing for the
Defense and Indemnification of Officers and Employees of the Town
of Geneseo."
As used in this chapter, the following terms shall have the
meanings indicated, unless the context requires otherwise:
EMPLOYEE
Any person holding a position by election, appointment or
employment in the service of the Town, and shall include a volunteer
or any person not compensated for his services, but shall not include
an independent contractor. The term "employee" shall also include
a former employee, his estate or his judicially appointed personal
representative.
[Amended 3-10-1988 by L.L. No. 1-1998]
TOWN
The Town of Geneseo.
The duties to defend and indemnify and save harmless provided
for in this chapter shall be contingent upon:
A. Delivery
to the Town Attorney or to the Town Supervisor of the original or
a copy of any summons, complaint, process, notice, demand or pleading
within 10 days after the employee is served with such document. Such
delivery shall be deemed a request by the employee that the Town provide
for his defense pursuant to this chapter, unless the employee shall
state in writing that a defense is not requested.
[Amended 3-10-1988 by L.L. No. 1-1998]
B. The
full cooperation of the employee in the defense of such action or
proceeding and the defense of any action or proceeding against the
Town based upon the same act or omission and in the prosecution of
any appeal.
The benefits of this chapter will insure only to employees as
defined herein and shall not enlarge or diminish the rights of any
other party, nor shall any provisions of this chapter be construed
to affect, alter, or repeal any provisions of the Workers' Compensation
Law.
The provisions of this chapter shall not be construed to impair,
alter, limit or modify the rights and obligations of any insurer under
any policy of insurance.
The provisions of this chapter shall not be construed in any
way to impair, alter, limit, modify, abrogate or restrict any immunity
available to or conferred upon any unit, entity, officer or employee
of the Town or any right to defense and indemnification provided for
any governmental officer or employee in accordance with or by reason
of any other provision of state or federal statutory or common law.
The provisions of this chapter shall apply to all actions and
proceedings specified herein which have been commenced, instituted
or brought on or after the effective date of this chapter.