The purpose of this chapter is to provide legal
and financial protection for those individuals serving the Town of
Highlands 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. By enactment of this chapter, the Town
of Highlands does not intend to limit or otherwise abrogate any existing
rights or responsibility of the Town of Highlands or its employees
with regard to indemnification or legal defense.
As used in this chapter, 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
judicially appointed personal representative and shall also include
a member of any board or agency appointed by the Town Board.
TOWN
The Town of Highlands.
The Town shall indemnify and save harmless its
employees in the amount of any judgment obtained against such employees
in any state or federal court or in the amount of any settlement of
a claim, provided 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 or duties; provided further that
in the case of a settlement, the duty to indemnify and save harmless
shall be conditioned upon the approval of the amount of settlement
by the Town Board or its insurance company. 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 and shall not be applicable to an award
for punitive damages.
The determination of an issue of whether or
not an employee was acting within the scope of his public employment
or duties at the time of the occurrence, act or omission giving rise
to a claim shall be made by the Town Board, on advice from the Town
Attorney or Attorney for the Town. Any such determination shall be
subject to review by a court of competent jurisdiction in the manner
prescribed by law.
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.
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 to liability 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 which have been commenced,
instituted or brought on or after the effective date of this chapter.