This chapter shall be entitled "A Local Law
Providing for the Defense and Indemnification of Officers and Employees
of the Town of Ellicott."
As used in this chapter, unless the context
requires otherwise, 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, but 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
his judicially appointed personal representative. Members of town
boards, such as the Zoning Board of Appeals, shall not be considered
volunteers, and the Town Attorney shall not be considered an independent
contractor.
[Amended 1-14-2019 by L.L. No. 1-2019]
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 five 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 in the 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.
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 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.
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.
This chapter shall take effect immediately.