[HISTORY: Adopted by the Town Board of the Town of Guilderland 9-2-1980 by L.L. No. 3-1980 (Subpart 3, Div. 2 1/2, of the 1974 Code). Amendments noted where applicable.]
As used in this chapter, unless the context otherwise requires, the following terms shall have the meanings indicated:
- Any person holding a position by election, appointment or employment
in the service of the town, whether or not compensated, but shall not include
an independent contractor or a sheriff. The term "employee" shall include
a former employee, his estate or judicially appointed personal representative.[Amended 9-1-1998 by L.L. No. 12-1998]
Upon compliance by the employee with the provisions of § 25-3 of this chapter, 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.
Where the employee delivers process and a request for a defense to the Town Attorney or the Town Supervisor, the Town Attorney or the Supervisor, as the case may be, shall take the necessary steps 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.
The town shall indemnify and save harmless its employees in the amount of any judgment obtained against such employees in a civil action in a 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 claim arose occurred while the employee was acting within the scope of his public employment or duties; provided, further, that, in the case of a settlement, the duty to indemnify and save harmless shall be conditioned upon the approval of the amount of settlement by the Town Board. Except as otherwise provided by law, the duty to indemnify and save harmless prescribed by this subsection shall not arise where the injury or damage resulted from intentional wrongdoing or recklessness on the part of the employee.
[Added 9-1-1998 by L.L. No. 12-1998]
The duty to defend provided in this chapter shall be contingent upon delivery to the Town Attorney or 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 chapter, unless the employee shall state, in writing, that a defense is not requested.
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 provision of the Workers' Compensation Law.
The benefits of this chapter 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 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.