As used in this article, unless the context
otherwise requires, the following terms shall have the meanings indicated:
CITY
The political subdivision of the State of New York comprising
the City of Watertown.
EMPLOYEE
Any commissioner, member of a public board or commission,
trustee, director, officer, employee, trustee, director or employee
of the Roswell P. Flower Memorial Library or volunteer expressly authorized
to participate in a publicly sponsored volunteer program or any other
person holding a position by election, appointment or employment in
the service of the City of Watertown, whether or not compensated,
but shall not include an independent contractor. The term "employee"
shall include a former employee, his/her estate or judicially appointed
personal representative.
The City Council of the City of Watertown, in
accordance with § 18 of the Public Officers Law of the State
of New York, does hereby confer the benefits of defense and indemnification,
as described in said § 18 of the Public Officers Law, upon
its employees and agrees to be held liable for the costs incurred
under the provisions of said § 18 of the Public Officers
Law, as those provisions are more specifically stated herein.
The duty to defend or indemnify and save harmless
prescribed by this section shall be conditioned upon:
A. Delivery by the employee to the Corporation Counsel
and to the Mayor or City Manager of a written request to provide for
his defense, together with the original or a copy of any summons,
complaint, process, notice, demand or pleading, within five days after
he is served with such document.
B. The full cooperation of the employee in the defense
of such action or proceeding and in the defense of any action or proceeding
against the City based upon the same act or omission and in the prosecution
of any appeal.
The benefits of this article shall insure only
to employees as defined herein and shall not enlarge or diminish the
rights of any other party; nor shall any provision of this section
be construed to affect, alter or repeal any provision of the Workers'
Compensation Law.
This article shall not in any way affect the
obligation of any claimant to give notice to the City under section
ten of the Court of Claims Act, § 50-e of the General Municipal Law or any other
provision of law.
The City, upon direction by the governing body,
is hereby authorized and empowered to purchase insurance from any
insurance company created by or under the laws of this state or authorized
by law to transact business in this state against any liability imposed
by the provisions of this article or to act as a self-insurer with
respect thereto.
All payments made under the terms of this article,
whether for insurance or otherwise, shall be deemed to be for a public
purpose and shall be audited and paid in the same manner as other
public charges.
The provisions of this article shall not be
construed to impair, alter, limit or modify the rights and obligations
of any insurer under any policy of insurance.
Except as otherwise specifically provided in
this article, the provisions of this article shall not be construed
in any way to impair, alter, limit, modify, abrogate or restrict any
immunity to liability available to or conferred upon any unit, entity,
officer or employee of the City by or in accordance with or by reason
of any other provision of state or federal statutory or common law.
Except as otherwise provided in this article,
benefits accorded to employees under this article shall be in lieu
of and take the place of defense or indemnification protections accorded
the same employees by another enactment.