This chapter shall be entitled "Defense and Indemnification of Town
Employees."
The New York State Legislature has enacted legislation permitting public
entities, including towns, to provide for the defense and indemnification
of officers and employees. The Town of Greenwich Board, by this chapter, hereby
agrees to confer the benefits of § 18 of the Public Officers Law
upon its employees and to be held liable for the costs incurred under these
provisions.
As used in this chapter, the following terms shall have the meanings
indicated:
EMPLOYEE
Any commissioner, member of a public board or commission, trustee,
director, officer, employee volunteer expressly authorized to participate
in a publicly sponsored volunteer program, or any other person holding a position
by election, appointment or employment in the service of the Town of Greenwich,
whether or not compensated, but shall not include an independent contractor.
The term "employee" shall include a former employee, his estate or judicially
appointed personal representative.
The duty to defend or indemnify and save harmless prescribed by this
chapter shall be conditioned upon:
A. Delivery by the employee to the Town Attorney or the
Attorney for the Town, or to the Supervisor of the Town of Greenwich, of a
written request to provide for his or her defense, together with the original
or a copy of any summons, complaint, process, notice, demand or pleading within
10 days after he or she is served with such document; and
B. 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 of Greenwich based upon the same act or omission, and in the prosecution
of any appeal.
The benefits of this chapter shall 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 provision of the Workers' Compensation Law.
This chapter shall not in any way affect the obligation of any claimant
to give notice to the Town of Greenwich under § 10 of the Court
of Claims Act, § 51-e of the General Municipal Law, or any other
provision of law.
The Town of Greenwich is hereby authorized and empowered to purchase
insurance from any insurance company created by or under the laws of the State
of New York, or authorized by law to transact business in this state, against
any liability imposed by the provisions of this chapter, or to act, as a self-insurer
with respect thereto.
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 provision 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 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 of Greenwich by, in
accordance with, or by reason of, any other provision of state or federal
statutory or common law.
Except as otherwise provided in this chapter, benefits accorded to employees
under this chapter shall supplement, and be available in addition to, defense
or indemnification protection conferred by any other enactment of the Town
of Greenwich.