[Adopted 9-11-1980 by L.L. No. 5-1980;
amended in its entirety 9-11-2003 by L.L. No. 5-2003]
As used in this article, 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, notwithstanding when the alleged
improper act occurred or is alleged to have occurred and whether or
not the employee is compensated, but shall not include an independent
contractor. The term "employee" shall include a former employee, his
or her estate or judicially appointed personal representative.
TOWN
The Town of Stanford.
TOWN ATTORNEY
The Town Attorney, if one is appointed, or the attorney(s)
to the Town in the absence of appointment of a Town Attorney.
Nothing in this article shall authorize the
Town to indemnify or save harmless an employee with respect to punitive
or exemplary damages, fines or penalties, money recovered from an
employee pursuant to Article 7-A of the State Finance Law or § 51
of the General Municipal Law or property forfeited pursuant to § 1311
of the Civil Practice Law and Rules; provided, however, that the Town
shall indemnify and save harmless its employees in the amount of any
costs, attorneys' fees, damages, fines or penalties which may be imposed
by reason of an adjudication that an employee, acting within the scope
of his or her public employment or duties, has, without any willfulness
or intent on his or her part, violated a prior order, judgment, consent
decree or stipulation of settlement in any court of this state or
of the United States.
The provisions of this article 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 article shall apply to
all actions and proceedings specified herein upon the effective date
hereof or thereafter instituted.