This chapter shall be known as and may be cited as the "Town
of Lewiston Officer and Employee Legal Expenses and Indemnification
Law."
This chapter shall apply to all the territory within the confines
of the Town of Lewiston, except any incorporated villages.
As used in this chapter, the following terms shall have the
meanings indicated:
EMPLOYEE
A person hired by the Town of Lewiston on a full-time, permanent
basis who receives wages or salary directly from the Town of Lewiston,
who in his municipal job or position owes no allegiance to any other
person or entity but the Town of Lewiston and who is not an officer
of the Town of Lewiston.
JUDGMENT
Costs and expenses of a successful plaintiff, if awarded,
and all damages awarded to a plaintiff in a successful action.
LEGAL EXPENSES
Includes reasonable attorneys' fees and all costs and
disbursements necessary to the subject action, but does not include
any costs or expenses of the plaintiff, or damages awarded to the
plaintiff, should said plaintiff be successful in his action.
MUNICIPAL DUTIES
Those responsibilities, both explicit and implicit, which
may reasonably be determined to be a part of the position for which
the subject person was hired or elected.
OFFICER
The incumbents of the offices of Supervisor, Councilman,
Town Clerk, Town Justice, Superintendent of Highways, Assessor, Receiver
of Taxes and Assessments and Collector, or any of them, and any member
of any board, committee, commission or authority who shall have been
appointed to such position by act of the Town Board regardless of
whether such member serves with or without compensation.
There is hereby authorized the payment or reimbursement by the
Town of Lewiston of legal expenses incurred by officers and employees
of the Town of Lewiston.
In the event that any officer or employee of the Town of Lewiston
is successful in defending against an action, and is therein awarded
costs pursuant to the directives of § 51 of the General
Municipal Law, including a sum for legal expenses, and if said defendant
officer or employee has previously been assisted in the satisfaction
of legal expenses through an allocation or allocations from the Town
of Lewiston, said successful defendant officer or employee shall tender
the moneys awarded by the court to the Town of Lewiston, for repayment
of said legal expenses to the extent that the Town has paid such expenses.
In the event that a plaintiff is successful in an action against
a defendant officer or defendant employee of the Town of Lewiston,
and if any judgment rendered in said action is the result of or arises
out of the performance of an act or duty by such officer or employee
which is within the scope of the acts or duties of said officer or
employee, the Town of Lewiston shall indemnify said officer or employee
to the full extent of such judgment.