The purpose of this chapter is to provide legal and financial
protection for those individuals serving the Town of Verona 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 Verona, whether or not compensated,
or a volunteer expressly authorized to participate in a municipally-sponsored
volunteer program, but shall not include an independent contractor.
The term "employee" shall include a former employee, his estate or
judicially appointed personal representative.
[Amended 5-4-1998 by L.L.
No. 1-1998]
The duty to defend or indemnify and save harmless provided by
this chapter shall be conditioned upon delivery to the Town Attorney,
at his office, by the employee 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 in defense of any
action or proceeding against the Town of Verona 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 section be construed
to affect, alter or repeal any provision of the Workers' Compensation
Law.