[HISTORY: Adopted by the Town Board of the Town of New Lebanon 2-21-2007 by L.L. No. 6-2007. Amendments noted where applicable.]
Officers and employees — See Ch. 29.
Personnel policies — See Ch. 31
This law creates Chapter 15 of the New Lebanon Town Code to provide for the indemnification and defense of Town employees pursuant to § 18 of the Public Officers Law.
As used in this chapter, the following terms shall have the meanings indicated:
- TOWN EMPLOYEE
- Any member of a public board or commission, officer, employee, or 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 New Lebanon. The term "Town employee" shall not include an independent contractor. The term "Town employee" shall include a former employee, the employee's estate or a judicially appointed personal representative.
The Town of New Lebanon does recognize as in effect the Public Officers Law, including § 18, and will indemnify and defend all Town employees should the need arise out of their acts as Town employees.
[Added 4-9-2019 by L.L. No. 1-2019]
Pursuant to General Municipal Law § 205-g, the Town shall provide for the defense of a volunteer firefighter of the Lebanon Valley Protective Association (or such other fire company, as such term is defined in General Municipal Law § 205-g, Subdivision 1, providing fire protection services with the Town) in any civil action or proceeding, state or federal, arising out of any alleged act or omission which occurred or allegedly occurred while the volunteer firefighter was acting in the line of duty if the volunteer firefighter is in compliance with the provisions of General Municipal Law § 205-g, Subdivision 7. This duty to provide for a defense shall not arise where such civil action or proceeding is brought by or at the behest of the Town.
Should any word, section, clause, paragraph, sentence, part or provision of this chapter be declared invalid by a court of competent jurisdiction, such determination shall not affect the validity of any other part hereof.
This chapter shall take effect upon its filing with the Office of the Secretary of State of the State of New York.