This chapter shall be entitled "Defense and Indemnification
of Public Officers."
The purpose of this chapter is to protect the officers and employees
of the Town of Lowville pursuant to the provisions of § 18
of the Public Officers Law of the State of New York.
As used in this chapter, the following terms shall have the
meanings indicated:
EMPLOYEE
Any employee of the Town, any volunteer expressly authorized
to participate in a volunteer program sponsored by the Town, any other
person holding a position in the Town by reason of election or appointment,
whether or not compensated, but shall not include any independent
contractor. The term "employee" shall also include a former employee
and the estate or judicially appointed personal representative of
the former employee.
TOWN
The Town of Lowville, Lewis County, New York.
The duty to defend or indemnify and save harmless prescribed
by this chapter shall be conditioned upon:
A. Delivery by the employee of the chief legal officer of the Town or
to the Supervisor of the Town 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 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 section be construed to
affect, alter or repeal any provision of the Workers' Compensation
Law. 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 employee of the Town
by, and in accordance with, or by reason of, any other provision of
state or federal statutory or common law.
This chapter shall not in any way affect the obligation of any
claimant to give notice to the Town under § 50-e of the
General Municipal Law, or any other provision of law.
The Town is hereby authorized and empowered to purchase insurance
from any insurance company created by or under the laws of this state,
or authorized by law to transact business in this state, against any
liability imposed by the provisions of this section, or to act as
a self-insurer with respect thereto. 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.
All payments made under the terms of this chapter, whether for
insurance or otherwise, shall be deemed for a public purpose and shall
be audited and paid in the same manner as other public charges.