The purpose of this chapter is to provide legal and financial
protection for those individuals serving the Town of Hamburg as to
claims which may be brought against them in their individual capacities
for actions taken while in the performance of their official duties
and responsibilities. The State of New York has enacted similar provisions
for the legal and financial security of its officers and employees.
Such security is also required for local personnel. By enactment of
this chapter, the Town Board does not intend to limit or otherwise
abrogate any existing right or responsibility of the Town or its officers
and employees with regard to indemnification or legal defense. It
is solely the intent of this chapter to provide coverage for local
officers and employees pursuant to Public Officers Law § 18
in order to continue to attract qualified individuals to local government
service.
As used in this chapter, unless the context otherwise requires,
the following terms shall have the meanings indicated:
EMPLOYEE
Any person holding a position by election, appointment or
employment in the service of the Town of Hamburg, whether or not compensated,
or a volunteer expressly authorized to participate in a municipally
sponsored volunteer program, but shall not include an independent
contractor. The term "employee" shall include a former employee, his
estate or judicially appointed personal representative.
If any provision of this chapter or the application thereof
to any person or circumstance be held unconstitutional or invalid
in whole or in part by any court of competent jurisdiction, such holding
of unconstitutionality or invalidity shall in no way affect or impair
any other provision of this chapter or the application of any such
provision to any other person or circumstance.
This chapter shall take effect immediately upon filing with
the Secretary of State and the State Comptroller.