The purpose of this chapter is to provide legal and financial
protection for those individuals serving the Town of Lysander from
losses which may be brought against them in their individual capacity
for actions taken while in the performance of their official duties
and responsibilities. In enacting this chapter, the Town Board finds
that the State of New York has enacted similar provisions for the
legal and financial security of its officers and employees and further
finds that such security is also required for local personnel. By
enactment of this chapter, the Town Board does not intend to limit
or otherwise abrogate any existing right or responsibility of the
Town or its employees with regard to indemnification or legal defense.
It is solely the intent of this chapter to provide similar coverage
for local employees as is presently provided for state employees so
as to continue to attract qualified individuals to local government
service.
As used in this chapter, 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 of Lysander, whether or not
compensated, or a volunteer expressly authorized to participate in
a municipally sponsored volunteer program, but shall exclude an independent
contractor. The term "employee" shall include a former employee, his
estate or judicially appointed personal representative.
The duty to defend or indemnify and save harmless provided by
this chapter shall be conditioned upon delivery to the Town Attorney
or his assistant, at his office, by the employee of the original or
a copy of any summons, complaint, process, notice, demand or pleading
within five days after he 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 defense pursuant to this chapter.
The benefits of this chapter shall 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 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.
The provisions of this chapter shall apply to all actions and
proceedings pending upon the effective date thereof or thereafter
instituted.
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 and/or indemnification 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.