[Adopted 8-14-1980 by L.L. No. 2-1980]
As used in this article, unless the context otherwise requires,
the following terms shall have the meanings indicated:
EMPLOYEES
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.
TOWN
The Town of Hartland.
The duties to defend provided in this article shall be contingent
upon 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 he is served with such document
and the full cooperation of the employee in the defense of such action
or proceeding and defense of any action or proceeding against the
Town 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 Town provide for his defense pursuant to this article, unless
the employee shall state in writing that a defense is not requested.
The benefits of this article 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 article be construed
to affect, alter or repeal any provisions of the Worker's Compensation
Law.
The benefits of this article shall be extended to an employee
of a negotiating unit for which an agreement has been negotiated pursuant
to Civil Service Law, Article 14, only if such agreement expressly
so provides.
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.
As otherwise specifically provided in this article, the provisions
of this article shall not be construed in any way to impair, alter,
limit, modify, abrogate or restrict any immunity available to or conferred
upon any unity, 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 article shall apply to all actions and
proceedings specified herein which have been commenced, instituted
or brought on or after the effective date of this article.
[Adopted 7-9-2020 by L.L. No. 1-2020]
The purpose of this law is to abolish the Office of Tax Collector
in the Town of Hartland and to transfer all the powers and duties
of that office to the Office of the Town Clerk of the Town of Hartland.
This law is enacted pursuant to Municipal Home Rule Law Section
10 and supersedes the provisions of the Town Law, Article 3, Section
20(1)(b) as it pertains to the Office of Tax Collector.
The Office of Tax Collector in the Town of Hartland is hereby
abolished. The powers and duties of the Tax Collector are hereby transferred
to the Office of the Town Clerk of the Town of Hartland.
This law is subject to a mandatory referendum and shall be submitted
for the approval of the qualified voters of the Town of Hartland at
a special election. The date of such special election shall be fixed
by resolution of the Town Board and shall not be less than 60 days
after the adoption of this law.
This law shall be effective immediately upon the filing of the
law with the Office of the Secretary of State after the affirmative
vote of a majority of the qualified voters voting at the aforesaid
election.