This chapter shall be entitled "A Local Law Providing for the Defense
and Indemnification of Officers and Employees of the Town of Warwick."
As used in this chapter, unless the context requires otherwise, the
following terms shall have the meanings indicated:
EMPLOYEE
Any commissioner, member of a Town board or commission, trustee,
director, officer, employee, volunteer expressly authorized to participate
in a Town-sponsored volunteer program or any other 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. The term
"employee" shall include a former employee, his estate or a judicially appointed
personal representative.
TOWN
The Town of Warwick.
The duties to defend and indemnify and save harmless provided in this
chapter shall be contingent upon:
A. Delivery to the Town Attorney or, if none, to the Town
Supervisor of the original or a copy of any summons, complaint, process, notice,
demand or pleading within 10 days after the employee is served with such document.
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; and
B. 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.
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.
This chapter shall not in any way affect the obligation of any claimant
to give notice to the Town under § 10 of the Court of Claims Act,
§ 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.
All payments made under the terms of this chapter, whether for insurance
or otherwise, shall be deemed to be for a public purpose and shall be audited
and paid in the same manner as other public charges.
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 and 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.
Except as otherwise provided herein, benefits accorded to employees
under this chapter shall be in lieu of and take the place of defense or indemnification
protections accorded to the same employees by another enactment.
The provisions of this chapter shall apply to all actions or proceedings
specified herein which have been commenced, instituted or brought on or after
the effective date of this chapter.