[Added 1-26-2000 by L.L. No. 1-2000]
The Town Board of the Town of Ramapo recognized
the increasing litigation exposure faced by public employees in 1980
and conferred the defense benefits contained in § 18 of
the Public Officers Law on Town of Ramapo employees by adoption of
Local Law No. 2-1980. The Town Board wishes to provide additional
indemnification and defense protection pursuant to law by amendment
of that local law.
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, including any Town auxiliary
policemen. Other than a Town auxiliary policeman, who shall be considered
an employee under this section, "employee" shall not include a volunteer,
any person not compensated for his services or an independent contractor.
The term "employee" shall include a former employee, his estate or
judicially appointed personal representative.
[Amended 4-12-1989 by L.L. No. 6-1989]
[Added 1-26-2000 by L.L. No. 1-2000]
The full benefits of § 18 of the Public Officers Law regarding defense and indemnification shall apply to all employees of the Town as defined in §
9-2 above.
[Added 1-26-2000 by L.L. No. 1-2000]
The Town will provide for the defense of any
Town employee in any civil action or proceeding arising out of any
alleged act or omission in which it is alleged that the employee has
violated the civil rights of the claimant, petitioner or plaintiff
under Sections 1981 and 1983 of the United States Civil Rights Act.
The Town shall indemnify and save harmless such employee in the amount
of any judgment or settlement of claim obtained against such officer
or employee, including punitive and exemplary damages. Such legal
defense and indemnification shall be provided where the employee at
the time of such alleged act or omission was acting in good faith
and within the scope of his public employment, powers or duties.
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.
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.
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 pending or which shall
have been commenced or instituted on or after the effective date of
this chapter.