The purpose of this chapter is to provide legal and financial
protection for those individuals serving the Town of Goshen (hereinafter
the "Town") from civil lawsuits and other proceedings that may be
brought against them in their individual capacity for actions or omissions
taken while acting within the scope of their employment. By enactment
of this chapter, the Town does not intend to establish or enlarge
any direct liability of the Town, or to limit or otherwise abrogate
any existing right or responsibility of the Town or its officers or
employees with regard to indemnification or legal defense.
As used in this chapter, the following terms shall have the
meanings indicated:
EMPLOYEE
Any employee, Town Board member, supervisor, officer, member
of a Town board or commission, director, volunteer expressly authorized
to participate in a publicly sponsored volunteer program, or any other
person holding a position by election, appointment or employment in
the service of the Town, whether or not compensated, but shall not
include an independent contractor. The term "employee" shall include
a former employee, his or her estate or judicially appointed personal
representative.
TOWN ATTORNEY
The duly appointed Attorney for the Town or any attorney
designated to act on behalf of the Town Attorney.
The benefits of this chapter shall inure only to employees as
defined herein and shall neither enlarge nor diminish the rights of
any other party, nor shall any provision of this chapter be construed
to affect, alter or repeal any provision of the Workers' Compensation
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
New York General Municipal Law, or any other provision of any law.
The provisions of this chapter shall apply to all actions and
proceedings then pending on the effective date of this chapter, pursuant
to § 12 herein, or thereafter instituted.
Except as otherwise specifically provided in this chapter, the
provisions of this chapter shall not be construed in any way to establish
or enlarge any direct liability of, or to impair, alter, limit, modify,
abrogate or restrict any immunity available to or conferred upon,
the Town or any unit, entity, officer or employee of the Town, or
any right to a defense and/or indemnification provided for any Town
officer or employee by, in accordance with, or by reason of any other
provision of Town, county, state or federal statutory, regulatory
or common law.