The purpose of this chapter is to provide legal and financial protection for those individuals serving the City of Watervliet from losses which may result from legal actions which may be brought against them in their individual and official capacities for actions taken while in the performance of their official duties and responsibilities. In enacting this chapter, the Council of the City of Watervliet seeks to enact provisions for the legal and financial security of its officers and employees and finds that such security is necessary for local personnel acting within the scope of their employment with the City of Watervliet. By enactment of this chapter, the Council of the City of Watervliet does not intend to limit or otherwise abrogate any existing right or responsibility of the City of Watervliet or its employees with regard to indemnification or legal defense. It is solely the intent of this chapter to adopt Public Officers Law §
18 and provide additional coverage for local employees so as to continue to attract qualified individuals to local government service.
As used herein, the following words shall have the meanings
below set forth:
EMPLOYEE
Any person holding a position by election, appointment or
employment in the service of the City of Watervliet, but shall not
include an independent contractor. The term "employee" shall include
a former employee, his estate or judicially appointed personal representative.
The benefits of this chapter 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 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.
As otherwise specifically provided in this chapter, 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 City 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.
Restrictions shall be as follows:
A. Delivery to the Corporation Counsel or, if none, to the Mayor of
the original or a copy of any summons, complaint, process, notice,
demand or pleading within five days after the employee is served with
such document.
B. The full cooperation of the employee in the defense of such action
or proceeding and defense of any action or proceeding against the
City 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 City provide for his defense pursuant to this chapter, unless
the employee shall state, in writing, that a defense is not requested.
The provisions of this chapter shall apply to all actions and
proceedings specified herein which are pending on the effective date
of this chapter or are commenced, instituted or brought on or after
the effective date of this chapter.