The purpose of this chapter is to provide legal and financial
protection for those individuals serving the Town of Waterford 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 of Waterford or its employees with regard to indemnification
or legal defense. It is solely the intent of this chapter to provide
maximum coverage for local employees, such as is presently provided
for state employees, so as to continue to attract qualified individuals
to local government service.
As used in this chapter, unless the context otherwise requires,
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 Waterford, whether or not
compensated, or a volunteer expressly authorized to participate in
a municipally sponsored volunteer program, but shall include a former
employee, his or her estate or judicially appointed personal representative.
The term "employee" shall also include members of all boards, commissions
and corporations of and affiliated with the Town, including all local
development corporations and community resource corporations affiliate
with the Town.
The duty to defend or indemnify and save harmless provided by
this chapter shall be conditioned upon delivery to the Town Attorney
or his or her assistant, at his or her office, by the employee of
the original or a copy of any summons, complaint, process, notice,
demand or pleading within five days after he or she 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 or her 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 Workmen's 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, whether or not the actions or proceedings complained of
occurred prior to or subsequent to the effective date of this chapter.
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.