As used in this chapter, unless the context otherwise requires,
the following terms shall have the meanings indicated:
BOARD
Town Board of the Town of Cochecton, Sullivan County, New
York.
EMPLOYEE
Any person holding a position by election, appointment or
employment in the service of the Town of Cochecton, 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.
TOWN
The Town of Cochecton.
[Added 11-11-1992 by L.L. No. 3-1992]
A. In addition to the obligation of the Town to provide for the defense
of an employee in a civil action or proceeding in the manner which
is provided for in this chapter, the Town shall indemnify and save
harmless the employee in the amount of any judgment obtained against
such employee in a state or federal court, or in the amount of any
settlement of a claim, provided that the act or omission from which
such judgment or claim arose occurred while the employee was acting
within the scope of his employment or duties; provided further that,
in the case of a settlement, the duty to indemnify and save harmless
shall be conditioned upon the approval of the amount of settlement
by the Town Board; and provided further that the obligation of the
Town to indemnify and save harmless the employee shall be conditioned
upon the employee meeting all of the conditions which would require
the Town to defend the employee in the manner provided for in this
chapter.
B. Except as otherwise provided by law, the duty of the Town to defend,
indemnify, and save harmless as provided by this chapter shall not
arise where the injury or damage resulted from the intentional wrongdoing
or recklessness on the part of the employee.
C. Nothing in this section shall authorize the Town to indemnify or
save harmless an employee with respect to punitive or exemplary damages,
or fines or penalties, or money recovered from an employee pursuant
to § 51 of the General Municipal Law; provided, however,
that the Town shall indemnify and save harmless the employee in the
amount of any costs, attorneys' fees, damages, fines or penalties
which may be imposed by reason of an adjudication that the employee,
acting within the scope of his public employment or duties, has, without
willfulness or intent on his part, violated a prior order, judgment,
consent decree, or stipulation of settlement entered in any court
of the State of New York or the United States.
D. Upon entry of a final judgment against the employee, or upon the
settlement of the claim, the employee shall serve a copy of such judgment
or settlement, personally or by certified or registered mail, within
30 days of the date of entry or settlement, upon the Town Attorney
or the Town Supervisor, and if not inconsistent with the provisions
of this chapter, the amount of such judgment or settlement shall be
paid by the Town.
[Amended 11-11-1992 by L.L. No. 3-1992]
The duties to defend and indemnify provided in this chapter
shall be contingent upon delivery to the Town Attorney of the original
or a copy of any summons, complaint, process, notice, demand or pleading
within 10 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 and indemnification pursuant to this chapter, unless
the employee shall state in writing that a defense is not requested.
The benefits of this chapter 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 chapter be construed
to affect, alter or repeal any provisions of the Workers' Compensation
Law.
The benefits of this chapter 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 chapter shall not be construed to impair,
alter, limit or modify the rights and obligations of any insurer under
any policy of insurance.
[Amended 11-11-1992 by L.L. No. 3-1992]
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
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 chapter shall apply to all actions and
proceedings specified herein which have been commenced, instituted
or brought on or after the effective date of this chapter.