This chapter shall be entitled a "Local Law Providing for the
Defense and Indemnification of Officers and Employees of the Mount
Morris Town Board."
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.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
TOWN
The Mount Morris Town Board.
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.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
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 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 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.