The purpose of this chapter is to provide legal and financial protection
for those individuals serving the Town of Woodbury from losses 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 the State of New York has enacted
similar provisions for the legal and financial security of its officers and
employees and further finds that such security is also required for local
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
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 state employees so as to continue to attract
qualified individuals to local government service.
As used in this chapter, unless the context otherwise requires, the
following terms shall have the meanings indicated:
EMPLOYEE
Any person holding a position by election, appointment or employment
in the service of the Town of Woodbury, whether or not compensated, or a volunteer
expressly authorized to participate in a town-sponsored volunteer program,
but shall not include an independent contractor. The term "employee" shall
include a former employee, his estate or judicially appointed personal representative
and shall also include any member of the Town of Woodbury Park and Recreation
Commission appointed thereto by the Town Board.
The duty to defend or indemnify and save harmless provided by this chapter
shall be conditioned upon delivery to the Town Clerk at their office, by the
employee, of the original or a copy of any summons, complaint, process, notice,
demand or pleading within five days after they are served such document; and
the full cooperation of the employee in the defense of such action or proceeding
and in defense of any action or proceeding against the state upon the same
act or omission and in the prosecution of any appeal. Such delivery shall
be deemed a request by the employee that the Town Board provide for their
defense pursuant to this chapter.
The benefits of this chapter shall 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 provision 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 insurers under any policy
of insurance.
The provisions of this chapter shall apply to all actions and proceedings
pending upon the effective date hereof or thereafter instituted.
Except 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
and/or 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.