This chapter shall be known as the "Legal Defense of Town Officials
and Employees Law" of the Town of Mendon.
The duty to defend or indemnify and save harmless prescribed
by this chapter shall be conditioned upon:
A. Delivery by the employee to the Town Attorney or to the Town Supervisor
of a written request to provide for his defense together with 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
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
public entity based upon the same act or omission, and in the prosecution
of any appeal.
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 provision 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.
This chapter shall not in any way affect the obligation of any
claimant to give notice to the Town under § 10 of the Court
of Claims Act, § 51-e of the General Municipal Law or any
other provision of law.
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 to liability
available to or conferred upon any unit, entity, officer or employee
of the Town by, in accordance with, or by reason of any other provision
of state or federal statutory or common law.
Benefits accorded to employees under this chapter shall be in
lieu of and take the place of defense or indemnification protections
accorded the same employees by any other enactment.
The provisions of this chapter shall also be applicable to the
public library supported in whole or in part by the Town.
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.