The Town Board of the Town of Orangetown has determined that
in order to ensure the continued and future service of responsible
and capable individuals as officials and employees of the Town of
Orangetown it is necessary and proper to assure that they are afforded
protection against individual liability for actions occurring within
the scope of their duties and employment.
The title of this local law shall be "Defense and Indemnification
of Public Employees."
As used in this local law, 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, whether or not compensated,
including a volunteer authorized to participate in a volunteer program
sponsored by the Town, but shall not include an independent contractor.
The term "employee" shall include a former employee, his or her estate
or judicially appointed representative.
If the claims or causes of action alleged against all defendants
in the action or proceeding pending against the employee are within
the coverage of any liability insurance policy issued to the Town,
the employee shall accept representation by counsel selected in accordance
with the terms of such policy.
The duty to defend or indemnify and save harmless prescribed
by this local law shall be conditioned upon delivery to the Town Attorney
or, if none, to the Town Supervisor by the employee of the original
or a copy of any summons, complaint, process, notice, demand or pleadings
within 10 days after he or she is 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
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 or her defense pursuant to this local
law, and the Town shall take the necessary steps on behalf of the
employee to avoid entry of a default judgment pending resolution of
any questions pertaining to the obligation to provide for a defense.
Except as otherwise specifically provided herein, the provisions
of this local law 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 governmental officer
or employee by, in accordance with or by reason of any other provision
of Town, state or federal statutory or common law.