The purpose of this article is to provide legal
and financial protection for those individuals serving the Town of
Monroe 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 article, 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 article, 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 article 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 article, 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 Monroe, 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, estate or judicially
appointed personal representative and shall also include any member
of the Town of Monroe Joint Recreation Commission of Monroe appointed
thereto by the Town Board.
The duty to defend or indemnify and save harmless
provided by this article shall be conditioned upon delivery to the
Town Attorney, at his office, by the employee, of the original or
a copy of any summons, complaint, process, notice, demand or pleading
within five days after he is 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 provide for
his defense pursuant to this article.
The benefits of this article 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 article
be construed to affect, alter or repeal any provision of the Workers'
Compensation Law.
The provisions of this article 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 article shall apply to
all actions and proceedings pending upon the effective date thereof
or thereafter instituted.
Except as otherwise specifically provided in
this article, the provisions of this article 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.