The purpose of this chapter is to confer the benefits of § 18
of the Public Officers Law and provide legal and financial protection
for those individuals serving the Town of Fallsburg from losses which
may result from legal actions 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 other towns in the State of New York have
enacted similar provisions for the legal and financial security of
their officers and employees and further finds that such security
is also required for Town of Fallsburg 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 Fallsburg
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 employees of other
towns, so as to continue to attract qualified individuals to local
government service.
As used herein, the following words shall have the meanings
below set forth:
EMPLOYEE
Any person holding a position by election, appointment or
employment in the service of the Town, but shall not include an independent
contractor. The term "employee" shall include a former employee, his
or her estate or judicially appointed personal representative.
TOWN
The Town of Fallsburg.
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 benefits of this chapter shall be extended to an employee
of a negotiating unit for which an agreement has been negotiated pursuant
to Civil Service Law Article 14 only if such agreement expressly so
provides.
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.
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 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.
Restrictions shall be as follows:
A. Delivery
to the Town Supervisor of the original or a copy of any summons, complaint,
process, notice, demand or pleading within five 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.
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 provisions of this chapter shall apply to all actions and
proceedings which are pending on the effective date of this chapter
or are commenced, instituted or brought on or after the effective
date of this chapter.