[Adopted 12-13-1988 by L.L. No. 3-1988; amended in its entirety 12-11-1990 by L.L. No.
7-1990]
[Amended 2-24-1993 by L.L. No. 2-1993]
A. In addition to the annual fixed salary paid to the Town Attorney
of the Town of Frankfort for all his/her regularly performed duties,
the Town Attorney shall receive additional compensation at the rate
of $75 per hour, plus expenses and disbursements, for the following
legal services performed on behalf of the Town of Frankfort:
(1) All litigation or proceedings brought by or against the Town of Frankfort
in courts or agencies other than the Frankfort Town Justice's
Court.
(2) All court appearances and appearances before agencies, except for
the Frankfort Town Justice's Court.
(3) All negotiations in bringing about settlements in connection with Subsection
A(1) and
(2) above.
(4) All certiorari matters brought by litigation and negotiated settlement,
except for the trials and proceedings forwarded to outside counsel.
(5) Appeals brought about or defended by the Town of Frankfort.
(6) All matters pertaining to the establishment, extension, consolidation
and operation of special districts, and the compensation paid shall
be assessed to the residents of the special district.
(7) All matters pertaining to applications for federal, state or other
type grants and all matters pertaining to the projects developed with
grant moneys in the Town of Frankfort.
(8) All matters pertaining to bonding except for work assigned to and
completed by outside bond counsel.
B. The hourly fees for the legal services performed shall not exceed
$30,000 per calendar year, and this Article shall expire on December
31, 1994.
[Adopted 9-18-1990 by L.L. No. 4-1990]
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 of Frankfort, 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, if applicable.
The duty to defend or indemnify and save harmless prescribed
by this Article shall be conditioned upon:
A. Delivery to the Town Attorney or his designee at the office of the
Town Attorney of the Town of Frankfort by the employee of the original
or a copy of any summons, complaint, process, notice, demand or pleading
within five working days after he is served with such document.
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 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 his defense pursuant to this Article.
The benefits of this Article shall inure only to employees as
defined herein and shall not enlarge or diminish the rights of any
other party, nor shall any provisions of this Article be construed
to affect, alter or repeal any provisions of the Workers' Compensation
Law.
This Article shall not in any way affect the obligation of any
claimants to give notice to the Town of Frankfort under § 50-e
of the General Municipal Law or any other provision of law.
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 instituted after October 1, 1990.
Except as otherwise specifically provided by 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 unit, entity, officer or employee of the
town or any right to defense and/or indemnification provided for any
municipal officer or employee by, in accordance with or by reason
of any provision of state, federal or local statute or common law.