This chapter shall be entitled "A Local Law to Provide for the
Defense and Indemnification of Officers and Employees of the Town
of Lyons, Wayne County, New York."
As used in this chapter, unless the context requires otherwise,
the following terms shall have the meanings indicated:
EMPLOYEE
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 a public entity, whether or not compensated, but shall
not include the sheriff of any county or an independent contractor.
The term "employee" shall include a former employee, his estate or
judicially appointed personal representative.
TOWN
The Town of Lyons, County of Wayne, State of New York.
The duties to defend and indemnify and save harmless provided
in this chapter shall be contingent upon:
A. Delivery to the Town Attorney or, if none, to the Town Supervisor
of the original or a copy of any summons, complaint, process, notice,
demand or pleading within 10 days after the employee is served with
such document. Such delivery shall be deemed a request by the employee
that the Town provide for his defense pursuant to this chapter, unless
the employee shall state in writing that a defense is not requested;
and
B. The full cooperation of the employee in the defense of such action
or proceeding and defense of any action or proceeding against the
Town 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 provisions 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 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 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.
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.
If any provision of this chapter or application thereof to any
person or circumstance is held unconstitutional or invalid, in whole
or in part, by any court of competent jurisdiction, such holding of
unconstitutionality or invalidity shall in no way affect or impair
any other provision of this chapter or the application of any such
provision to any other person or circumstance.