The purpose of the chapter is to provide legal and financial protection
for those individuals serving the City of Middletown 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. In enacting
this chapter, the City Council finds that the State of New York has enacted
similar provisions for the legal and financial security of its officers and
employees and further finds that such security is also required for local
personnel. By enactment of this chapter, the City Council does not intend
to limit or otherwise abrogate any existing right or responsibility of the
City or its employees with regard to indemnification or legal defense. It
is solely the intent of this chapter to provide similar coverage for local
employees as is presently provided for state employees, so as 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 City of Middletown, 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.
[Amended 4-23-2007 by L.L. No. 1-2007]
The duty to defend or indemnify and save harmless provided by this chapter
shall be conditioned upon delivery to the corporation counsel or his assistant,
at his office, by the employee 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 in defense of any action or proceeding against
the state 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.
The benefits of this section 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 section be construed to affect, alter or repeal
any provision of the Workers' Compensation Law.
The provisions of this section 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 City, 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 provision of state or federal statutory or
common law.
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.