[HISTORY: Adopted by the Town Board of the Town of Gates as indicated
in article histories. Amendments noted where applicable.]
[Adopted 4-6-1981 by L.L.
No. 1-1981]
As used in this article, unless the context otherwise requires, the
following terms shall have the meanings indicated:
Any member of a public board or commission, officer, employee, 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 Town of Gates, whether or not compensated. The term
"employee" shall not include an independent contractor. The term "employee"
shall include a former employee, the employee's estate or a judicially appointed
personal representative.
[Amended 9-7-1999 by L.L.
No. 2-1999]
The Town of Gates.
A.Â
Upon compliance by the employee with the provisions of § 36-3 of this article, the town shall provide for the defense of the employee in any civil action or proceeding in any state or federal court arising out of any alleged act or omission which occurred or is alleged in the complaint to have occurred while the employee was acting or in good faith purporting to act within the scope of his public employment or duties. Such defense shall not be provided where such civil action or proceeding is brought by or on behalf of the town.
B.Â
Subject to the conditions set forth in this article,
the employee shall be represented by the Town Attorney or an attorney employed
or retained by the town for the defense of the employee. The Town Board shall
employ or retain an attorney for the defense of the employee whenever the
town does not have a Town Attorney or the Town Board determines, based upon
its investigation and review of the facts and circumstances of the case, that
representation by the Town Attorney would be inappropriate or a court of competent
jurisdiction determines that a conflict of interest exists and that the employee
cannot be represented by the Town Attorney. Reasonable attorney's fees and
litigation expenses shall be paid by the town to such attorney employed or
retained, from time to time, during the pendency of the civil action proceeding,
subject to certification by the Town Supervisor that the employee is entitled
to representation under the terms and conditions of this article. Payment
of such fees and expenses shall be made in the same manner as payment of other
claims and expenses of the town. Any dispute with respect to representation
of multiple employees by the Town Attorney or by an attorney employed or retained
for such purposes or with respect to the amount of the fees or expenses shall
be resolved by the court.
C.Â
Where the employee delivers process and a request for a defense to the Town Attorney or the Town Supervisor, as required by § 36-3 of this article, the Town Attorney or the Supervisor, as the case may be, shall take the necessary steps, including the retention of an attorney under the terms and conditions provided in Subsection B of this section, on behalf of the employee to avoid entry of a default judgment, pending resolution of any question relating to the obligation of the town to provide a defense.
[Amended 9-7-1999 by L.L.
No. 2-1999]
The duties to defend provided in this article shall be contingent upon
delivery to the Town Attorney or, if none, to the Town Supervisor of the original
or a copy of any summons, complaint, process, notice, demand or pleading,
within 10 days after he is served with such document, and the full cooperation
of the employee in the defense of such action or proceeding and defense of
any action or proceeding against the town based upon the same act or omission
and in the prosecution of any appeal. Such delivery shall be deemed a request
by the employee that the town provide for his defense pursuant to this article,
unless the employee shall state in writing that a defense is not requested.
The benefits of this article will inure only to employees as defined
herein and shall not enlarge or diminish the rights of any other party, nor
shall any provision of this article be construed to affect, alter or repeal
any provisions of the Workers' Compensation Law.
The benefits of this article shall be extended to an employee of a negotiating
unit for which an agreement has been negotiated pursuant to Civil Service
Law Article 14 only if such agreement expressly so provides.
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.
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 available to or conferred upon any unit,
entity, officer or employee of the town or any right to defense provided for
any governmental officer or employee by, in accordance with or by reason of
any other provision of state or federal statutory or common law.
The provisions of this article shall apply to all actions and proceedings
specified herein which have been commenced, instituted or brought on or after
the effective date of this article.
[Adopted 4-4-1994 by L.L.
No. 1-1994]
A person may not hold the office of Court Clerk for the Town of Gates
unless such person is a citizen of the United States and a resident of the
County of Monroe or an adjoining county and the State of New York. However,
a person may hold the office of Court Clerk for the Town of Gates whether
or not such person is a resident of the Town of Gates and/or an elector of
the Town of Gates. The provision of this article stating that a person may
hold the office of Court Clerk whether or not such person is a resident of
the Town of Gates and/or an elector of the Town of Gates shall supersede the
requirement of local residency set forth in § 3, Subdivision 1,
of the Public Officers Law of the State of New York and shall also supersede
the requirement of being a local elector set forth in § 23, Subdivision
1, of the Town Law of the State of New York.