The purpose of this chapter is to provide legal and financial protection
for those individuals serving the Town of Newburgh from losses which may be
brought against them in their individual capacity for actions taken while
in the performance of their official duties and responsibilities. By enactment
of this chapter, the Town of Newburgh does not intend to limit or otherwise
abrogate any existing rights or responsibility of the Town of Newburgh or
its employees with regard to indemnification or legal defense.
As used in this chapter, 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, but shall not include a volunteer, any person
not compensated for his services or an independent contractor. The term "employee"
shall include a former employee, his estate or judicially appointed personal
representative and shall also include a member of any board or agency appointed
by the Town Board.
TOWN
The Town of Newburgh.
The town shall indemnify and save harmless its employees in the amount
of any judgment obtained against such employees in any state or federal court
or in the amount of any settlement of a claim, provided that the act or omission
from which such judgment or settlement arose occurred while the employee was
acting within the scope of his public employment or duties. The duty to indemnify
and save harmless prescribed by this section shall not arise where the injury
or damage resulted from intentional wrongdoing or recklessness on the part
of the employee and shall not be applicable to an award for punitive damages.
The determination of an issue of whether or not an employee was acting
within the scope of his public employment or duties at the time of the occurrence,
act or omission giving rise to a claim shall be made by the Town Board, on
advice from the Town Attorney or Attorney for the town. Any such determination
shall be subject to review by a court of competent jurisdiction in the manner
prescribed by law.
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 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 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.