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.