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/Village, whether or not compensated,
or a volunteer expressly authorized to act for the benefit of the
Town/Village, including any of its agencies, boards or commissions,
but shall not include any independent contractor. The term "employee"
shall include a former employee, his estate or judicially appointed
personal representative.
Upon compliance by the employee with the provisions of §
13-6 of this chapter, the Town/Village 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 a complaint to have occurred, while the employee was acting within the scope of his public employment or duties, as shall be determined by the Town/Village Attorney, or which is brought to enforce a provision of 42 U.S.C. § 1981 or 1983. This duty to provide for a defense shall not arise where such civil action or proceeding is brought by or on behalf of the Town/Village.
The Town/Village shall indemnify and save harmless
its employees in the amount of any judgment obtained against such
employee 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 or willful wrongdoing
or conduct or recklessness on the part of the employee, nor shall
it arise with respect to punitive or exemplary damages, fines or penalties,
or money recovered from an employee pursuant to § 51 of
the General Municipal Law of New York; provided, however, that the
Town/Village shall indemnify and save harmless its employees in the
amount of any costs, attorneys' fees, damages, fines or penalties
which may be imposed by reason of an adjudication that an employee,
acting within the scope of his public employment of duties, has, without
willfulness or intent on his part, violated a prior order, judgment,
consent, decree or stipulation of settlement entered in any court
of this state or of the United States.
[Amended 3-8-1999 by L.L. No. 1-1999]
The duty to defend or indemnify and save harmless
prescribed by this chapter shall be conditioned upon delivery to the
Town/Village Attorney, or his designee, by the employee of the original
or a copy of any notice of claim, 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 in defense of any action or proceeding against the
Town/Village, 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/Village provide for his defense pursuant to this chapter.
The benefits of this chapter shall 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 provision of the Workmen's
Compensation Law.
This chapter shall not in any way affect the
obligation of any claimant to give notice to the Town/Village under
§ 50-e of the General Municipal Law or any other provision
of 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.
The provisions of this chapter shall apply to
all actions and proceedings pending upon the effective date thereof
or thereafter instituted.
Except 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/Village or any other level of government or
any right to defense and/or indemnification provided for any governmental
officer or employee by, in accordance with or by reason of any other
provisions of local, state or federal statutory or common law.