[HISTORY: Adopted by the Town Board of the
Town of Clinton 6-10-1980 by L.L. No. 2-1980. Amendments noted where
applicable.]
GENERAL REFERENCES
Code of Ethics — See Ch. 32.
As used in this chapter, the following terms
shall have the meanings indicated:
An office, position, administration, department, division,
bureau, board, community board, commission, institution or agency
of government, the expenses of which are paid in whole or in part
from the Town general funds.
The Town Supervisor, who is the Town's Financial Officer.[1]
Any person holding a position by election, appointment or
employment in the service of any agency, whether or not compensated,
or a volunteer expressly authorized to participate in a Town-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.
The Town of Clinton.
The Town shall save harmless and indemnify all
officers and employees of the Town from financial loss arising out
of any claim, demand, suit or judgment by reason of alleged negligence
or other act by such officer or employee, provided that the Town Board
finds that such officer or employee, at the time damages were sustained,
was acting in the discharge of his duties and within the scope of
his employment and that such damages did not result from the willful
and wrongful act or gross negligence of such officer or employee.
At the request of the employee and upon compliance by the employee with the provisions of § 18-4 of this chapter, the Town shall provide for the defense of an employee of any agency in any civil action or proceeding in any state or federal court, including actions under Sections 1981 through 1988 of Title 42 of the United States Code or Article 4 of the Civil Rights Law of the State of New York, arising out of any alleged act or omission which the Town Board finds occurred while the employee was acting within the scope of his public employment and in the discharge of his duties and was not in violation of any rule or regulation of his agency at the time the alleged act or omission occurred. 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 or state or an agency of either.
The Town shall indemnify and save harmless its
employees in the amount of any judgment obtained against such employees
in any Town, state or federal court, or in the amount of any settlement
of a claim approved by the Town Board, provided the Town Board finds
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 and in the discharge of his duties and was not in violation
of any rule or regulation of his agency at the time the alleged damages
were sustained; 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.
The duty to defend or indemnify and save harmless
prescribed by this chapter shall also be conditioned upon (1) delivery
to the Town Attorney and Town Supervisor 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 (2) 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 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. In
the event that the Town shall assume an employee's defense and thereafter
the employee fails to or refuses to cooperate in the formation or
presentation of his defense, the court shall permit the Town to withdraw
his representation 10 days after giving written notice to the employee
of his intention to discontinue such representation.
In the event that the act or omission upon which
the court proceeding against the employee is based was or is also
the basis of a disciplinary proceeding by the employee's agency against
the employee, representation by the Town's legal counsel and indemnification
by the Town may be withheld:
Every action or proceeding instituted hereunder,
including an action brought to enforce a provision of Sections 1981
through 1988 of Title 42 of the United States Code, shall be commenced
pursuant to the provisions of § 50-i of the Public Officers
Law and within one year and 90 days. No action or proceeding instituted
hereunder, other than one instituted pursuant to Sections 1981 through
1988 of Title 42 of the United States Code shall be prosecuted or
maintained against the Town or any agency or an employee unless notice
of claim shall have been made and served upon the Town in compliance
with § 50-e of the General Municipal Law and within 90 days
after the claim arises.
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 that the provisions of § 18-6 shall apply only to actions and proceedings instituted on or after the effective date of this chapter.
The provisions of this chapter shall not be
construed in any way to impair, alter, limit, modify, or abrogate
or restrict any immunity available to or conferred upon any unit,
entity, officer or employee of the Town or any agency 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 provision of state, federal or local
law or common law.
The benefits of this chapter shall inure only
to employees of the Town and shall not enlarge or diminish the rights
of any other party.
