The purpose of this chapter is to provide legal and financial
protection for those individuals serving the City of Cortland 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. In enacting this chapter, the Common Council
finds that the State of New York has enacted similar provisions for
the legal and financial security of its officers and employees and
further finds that such security is also required for local personnel.
By enactment of this chapter, the Common Council does not intend to
limit or otherwise abrogate any existing right or responsibility of
the City or its employees with regard to indemnification or legal
defense. It is solely the intent of this chapter to provide similar
coverage for local employees as is presently provided for state employees,
so as to continue to attract qualified individuals to local government
service.
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 City of Cortland, whether or not
compensated, or a volunteer expressly authorized to participate in
a municipally sponsored volunteer program, but shall not include an
independent contractor. The term "employee" shall include a former
employee, their estate or judicially appointed personal representative.
The duty to defend or indemnify and save harmless provided by
this chapter shall be conditioned upon delivery to the Corporation
Counsel or their assistant, at their office, by the employee of the
original or a copy of any summons, complaint, process, notice, demand
or pleading within five days after they are served with such document;
and the full cooperation of the employee in the defense of such action
or proceeding and in defense of any action or proceeding against the
state based upon the same act or omission, and in the prosecution
of any appeal. Such delivery shall be deemed a request by the employee
that the City provide for their defense pursuant to this chapter.
The benefits of this chapter shall inure only to employees as
defined herein and shall not enlarge or diminish the right 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.
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 apply to all actions and
proceedings pending upon the effective date thereof or thereafter
instituted.
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 available
to or conferred upon any unit, entity, officer or employee of the
City or any right to defense and/or 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.