The New York State Legislature has enacted legislation permitting
public entities, including towns, to provide for the defense and indemnification
of officers and employees of the town. This article implements that
concept and the statutory intent set forth in Section 18 of the Public
Officers Law of the State of New York and is in addition to and supplements
any other defense or indemnification protection conferred by any other
enactment.
The term "employee" shall mean any commissioner, member of a
public board or commission, trustee, director, officer, employee,
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 of Minden, whether
or not compensated. The term "employee" shall include a former employee,
his estate or judicially appointed personal representative.
The duty to defend or indemnify and save harmless prescribed
by this article shall be conditioned upon:
A. Delivery by the employee to the Town Attorney and to the Town Clerk
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 five days after he is served with such documents; 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
Town of Minden based upon the same act or omission, and in the prosecution
of any appeal.
The benefits of this article shall inure only to employees as
deemed herein and shall not enlarge or diminish the rights of any
other party nor shall any provision of this article be construed to
affect, alter or repeal any provision of the Workers' Compensation
Law.
This article shall not in any way affect the obligation of any
claimant to give notice to the Town of Minden under Section 10 of
the Court of Claims Act, Section 50E of the General Municipal Law,
or any other provision of law.
The Town of Minden is hereby authorized and empowered to purchase
insurance from any insurance company created by, or under the laws
of the State of New York, or authorized by law to transact business
in this state, against any liability imposed by the provisions of
this article, or to act as a self-insurer with respect thereto.
All payments made under the terms of this article, whether for
insurance or otherwise, shall be deemed to be for a public purpose
and shall be audited and paid in the same manner as other public charges.
The provisions of this article shall not be construed to impair,
alter, limit or modify the rights and obligations of any insurer under
any policy of insurance.
Except as otherwise specifically provided in this article, the
provisions of this article 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 of Minden, by, in accordance with, or by reason of, any
other provision of state or federal statutory or common law.
Except as otherwise provided in this article, benefits accorded
to employees under this article shall supplement, and be available
in addition to, defense or indemnification protections conferred by
any other enactment of the Town Board of the Town of Minden, New York
State statutes or common law. In the event that another employer or
agency is also obligated to provide a defense for the employee and/or
pay any sums of monies by way of indemnification and/or judgment or
award, notwithstanding anything contained herein to the contrary,
the Town of Minden shall be entitled to contribution and/or indemnification
by the employee and/or other agency.
The provisions of this article shall apply to all actions or
proceedings specified herein which have been commenced, instituted
or brought on or after the effective date of this article.